The URL can be used to link to this page

07-08-2024 City Council Meeting July 08, 2024 7:00 PM Fridley City Hall, 7071 University Avenue N.E. Agenda Call to Order The Fridley City Council (Council) requests that all attendees silence cell phones during the meeting. A paper copy of the Agenda is at the back of the Council Chambers. A paper copy of the entire Agenda packet is at the podium. FridleyMN.gov/1564/Agenda- Center. Pledge of Allegiance Proclamations/Presentations 1.Morris Leatherman Presentation on Resident Survey Results Proposed Consent Agenda The following items are considered to beroutine by the Council and will be approved by one motion. There will be no discussion of these items unless a Councilmember requests, at which time that item may be moved to the Regular Agenda. Meeting Minutes 2.Approve the Minutes from the City Council Meeting of June 24, 2024 3.Receive the Minutes from the City Council Conference Meeting of June 24, 2024 New Business 4.Resolution No. 2024-91, Appointing Election Judges for the 2024 Election Year rd 5.Resolution No. 2024-93, Approving Change Order No. 3 (Final) for 53Avenue Trail and Walk Improvements Project No. ST2023-21 6.Resolution No. 2024-94, Approving a First Amendment to Existing Tower Site Lease Agreement with T-Mobile for the Commons Park Tower 7.Resolution No. 2024-95, Approving the Interim Ethical Generative Artificial Intelligence Policy Claims 8.Resolution No. 2024-92, Approving Claims for thePeriod Ending July 3, 2024 Open Forum 2 City Council Meeting 7/8/2024 Agenda Page 2 The Open Forum allows the public to address the Council on subjects that are not on the Regular Agenda. The Council may take action, reply, or give direction to staff. Please limit your comments to five minutes or less. Regular Agenda The following items are proposed for the Council's consideration. All items will have a presentation from City staff, are discussed, and considered for approval by separate motions. New Business 9. Resolution No. 2024-96, Approving Public Art Agreement City of Fridley, Rice Creek Watershed District, and Jessica Turtle Informal Status Reports Adjournment Accessibility Notice: !If you need free interpretation or translation assistance, please contact City staff. !Si necesita ayuda de interpretación o traducción gratis, comuníquese con el personal de la ciudad. !Yog tias koj xav tau kev pab txhais lus los sis txhais ntaub ntawv dawb, ces thov tiv tauj rau Lub Nroog cov neeg ua hauj lwm. !Haddii aad u baahan tahay tarjumaad bilaash ah ama kaalmo tarjumaad, fadlan la xiriir shaqaalaha Magaalada. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any City of Fridley services, programs or activities. Hearing impaired persons who need an interpreter or other persons who require auxiliary aids should contact CityClerk@FridleyMN.gov or (763) 572-3450. 3 Jufn!2/ AGENDA REPORT Meeting Date:July 8, 2024 Meeting Type:City Council Submitted By:Olivia Gandke, Communications and Engagement Specialist Title Morris Leatherman Presentation on Resident Survey Results Background Morris Leatherman conducted a resident survey between March 22 and April 12, 2024. The survey was designed to assess the quality of life in Fridley and measure resident satisfaction with current City services and staff.400 randomly selected residents were interviewed via telephone. After the completion of the survey, Morris Leatherman analyzed the results and created a presentation outlining and explaining the information that was gathered. These responses will help give direction to City staff and work as a tool to determine how theCity can best serve its residents.Peter Leathermanof Morris Leatherman will present some of the survey data to the City Council and public and is available to answer any questions. Full presentation and results can be found online at FridleyMN.gov/ResidentSurvey. Financial Impact The cost for the 2024 Resident Survey was planned for and was included in the 2024 approved budget. Recommendation Focus on Fridley Strategic Alignment Vibrant Neighborhoods &Places x Community Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Morris Leatherman Survey Results Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 City of Fridley 3135!Sftjefoujbm!Tuvez Uif!Npssjt!Mfbuifsnbo!Dpnqboz Tvswfz!Nfuipepmphz 3135!Djuz!pg!Gsjemfz 511!sboepn!tbnqmf!pg!Djuz!sftjefout Ufmfqipof!joufswjfxt!dpoevdufe!cfuxffo! Nbsdi!33oe!up!Bqsjm!23ui-!3135 Bwfsbhf!joufswjfx!ujnf!pg!33!njovuft Opo.sftqpotf!mfwfm!pg!7/6& Sftvmut!qspkfdubcmf!xjuijo!,0.6/1&!jo!:6!pvu! pg!211!dbtft Dfmm!Qipof!Pomz!Ipvtfipmet;!6:& Mboemjof!Pomz!Ipvtfipmet;!23& Cpui!Dfmm!Qipof!boe!Mboemjof;!3:& Uif!Npssjt!Mfbuifsnbo!Dpnqboz Efnphsbqijdt!J 3135!Djuz!pg!Gsjemfz Less than 5 Years25 5.1 to 10 Years17 10.1 to 20 Years22 20.1 to 30 Years16 Over 30 Years21 18-3427 35-4418 45-5417 55-6419 65 and over20 Households w/Seniors25 Households w/Children29 162126313641 Uif!Npssjt!Mfbuifsnbo!Dpnqboz Mjlf!Nptu!bcpvu!Djuz 3135!Djuz!pg!Gsjemfz Close to Family18 Small Town Feel18 Close to Job16 Convenient Location16 Neighborhood/Housing10 Safe8 Parks and Trails8 Schools2 Close to Shopping2 Unsure/Nothing3 16212631 Qfsdfoubhf Uif!Npssjt!Mfbuifsnbo!Dpnqboz Nptu!Tfsjpvt!Jttvf! 3135!Djuz!pg!Gsjemfz Rising Crime30 High Taxes19 Aging Infrastructure11 Street Maintenance6 Property Maintenance4 Scattered5 Unsure2 Nothing23 162126313641 Qfsdfoubhf Uif!Npssjt!Mfbuifsnbo!Dpnqboz Njttjoh!gspn!Djuz! 3135!Djuz!pg!Gsjemfz Jobs17 Restaurants13 Community Center11 Retails/Shops8 Parks & Trails3 Scattered5 Unsure3 Nothing40 121314151 Qfsdfoubhf Uif!Npssjt!Mfbuifsnbo!Dpnqboz Rvbmjuz!pg!Mjgf 3135!Djuz!pg!Gsjemfz 211 91 75 64 60 71 3124!Tuvez 3132!Tuvez 3135!Tuvez 51 28 22 19 31 14 13 4 2 00000 1 ExcellentGoodOnly FairPoorUnsure Uif!Npssjt!Mfbuifsnbo!Dpnqboz Nbljoh!bmm!sftjefout!gffm!xfmdpnf!boe!uibu!uifz!cfmpoh 3135!Djuz!pg!Gsjemfz 47 Excellent 28 48 Good 60 5 3132!Tuvez Only Fair 3135!Tuvez 11 1 Poor 1 0 Unsure 1 121314151617181 Uif!Npssjt!Mfbuifsnbo!Dpnqboz Pqfoftt!boe!bddfqubodf!pg!uif!dpnnvojuz!upxbse! qfpqmf!pg!ejwfstf!cbdlhspvoet 3135!Djuz!pg!Gsjemfz 43 Excellent 27 44 Good 61 10 3132!Tuvez Only Fair 3135!Tuvez 10 1 Poor 2 3 Unsure 1 121314151617181 Uif!Npssjt!Mfbuifsnbo!Dpnqboz Sfdpnnfoe!mjwjoh!jo!Djuz!pg!Gsjemfz!up!Puifst 3135!Djuz!pg!Gsjemfz Yes 92% Unsure 3% No 5% Uif!Npssjt!Mfbuifsnbo!Dpnqboz Ejsfdujpo!pg!Gsjemfz 3135!Djuz!pg!Gsjemfz 85 92 Right Direction 88 9 2 Wrong Track 9 6 6 Unsure 3 131517191211 3124!Tuvez3132!Tuvez3135!Tuvez Uif!Npssjt!Mfbuifsnbo!Dpnqboz Bqqfbsbodf!pg!Ofjhicpsippe 3135!Djuz!pg!Gsjemfz 16 23 Excellent 21 71 68 Good 66 13 8 Only Fair 10 1 1 Poor 3 1315171 3124!Tuvez3132!Tuvez3135!Tuvez Uif!Npssjt!Mfbuifsnbo!Dpnqboz Qsjpsjuz!gps!Dpef!Fogpsdfnfou 3135!Djuz!pg!Gsjemfz Junk/Debris in Yards 1819 Junk Vehicles 148 Deteriorating Homes 1312 Storage of Boats/Trailers/Campers 117 Loud Noise after 9pm 79 Long Grass/Harmful Weeds 79 Storage of Lawn Mowers/Tools 74 Storage of Garbage/Recycling Cans 73 Winter Parking on Streets 69 UNSURE/NONE 1120 1213141 UpqTfdpoe Uif!Npssjt!Mfbuifsnbo!Dpnqboz Djuz!Tfswjdft!Fwbmvbujpot!J 3135!Djuz!pg!Gsjemfz Police Service/202148465 202441537 Fire Service/202145501 202442543 Recycling/202147494 2024216416 Park Maintenance/202145468 2024266310 City Rec Programs/202123628 2024196311 131517191211 FydfmmfouHppeVogbwpsbcmf Uif!Npssjt!Mfbuifsnbo!Dpnqboz Djuz!Tfswjdft!Fwbmvbujpot!JJ 3135!Djuz!pg!Gsjemfz Storm Drainage/2021156023 2024155924 Flood Control/2021135825 2024165921 Building Inspection/2021195312 2024125221 Utility Billing/2021126918 2024176914 Fridley Liquor Store/2021314418 2024176016 131517191211 Tfsjft!2Tfsjft!3Tfsjft!4 Uif!Npssjt!Mfbuifsnbo!Dpnqboz Djuz!Tfswjdft!Fwbmvbujpot!JJJ 3135!Djuz!pg!Gsjemfz Code Enforcement/2021137012 2024166217 Street Repair/2021254431 2024136127 Snow Plowing of Streets/2021324524 2024166520 Street Lighting/2021374716 2024174539 Sidewalk/Trail Repair/2021314425 2024116029 Snow Plowing of Sidewalks/Trails/2021324521 2024145630 131517191211 FydfmmfouHppeVogbwpsbcmf Uif!Npssjt!Mfbuifsnbo!Dpnqboz Djuz!Qspqfsuz!Ubyft 3135!Djuz!pg!Gsjemfz 71 61 47 40 38 51 37 41 31 15 10 21 6 2 0 1 Very HighAbout AverageUnsure Somewhat HighLow 3132!Tuvez3135!Tuvez Uif!Npssjt!Mfbuifsnbo!Dpnqboz Qspqfsuz!Uby!Jodsfbtf!up//// 3135!Djuz!pg!Gsjemfz 81 Improve/Enhance City Maintain City Services Services 58 71 56 53 50 61 45 44 4242 41 39 37 51 33 41 31 15 14 10 21 3 1 FavorOpposeUnsureFavorOpposeUnsure 312431323135 Uif!Npssjt!Mfbuifsnbo!Dpnqboz Wbmvf!pg!Djuz!Tfswjdft 3135!Djuz!pg!Gsjemfz 211 91 76 69 67 71 3124!Tuvez 3132!Tuvez 3135!Tuvez 51 20 31 121212 99 6 5 2 111 1 FydfmmfouHppePomz!GbjsQppsVotvsf Uif!Npssjt!Mfbuifsnbo!Dpnqboz Gffm!Tbgf//// 3135!Djuz!pg!Gsjemfz In City of Fridley 98 Yes 94 2 No 6 In Immediate Neighborhood 92 Yes 92 3132!Tuvez 8 No 8 3135!Tuvez Using City Parks/Using City Trails 93 Yes/Yes 96 4 Yes/No 1 0 No/Yes 0 2 No/No 2 131517191211231 Uif!Npssjt!Mfbuifsnbo!Dpnqboz Ofjhicpsippe!Qpmjdf!Qbuspmmjoh 3135!Djuz!pg!Gsjemfz 211 86 7777 91 71 3124!Tuvez 3132!Tuvez 3135!Tuvez 51 23 21 31 10 4 2 1 000 1 Too MuchNot Enough About Right AmountUnsure Uif!Npssjt!Mfbuifsnbo!Dpnqboz Ofjhicpsippe!Dpodfsot 3135!Djuz!pg!Gsjemfz Distracted Driving2933299 Traffic Speeding2141299 Stop Sign Violations12314710 Number of Garbage Trucks10273726 Cars Cutting Through5125924 Number of Delivery Trucks3175228 131517191211 WfszTpnfxibuOpu!UppOpu!Bu!Bmm Uif!Npssjt!Mfbuifsnbo!Dpnqboz Qvcmjd!Tbgfuz!Dpodfso 3135!Djuz!pg!Gsjemfz 2010 Traffic Speeding 1313 Drugs 1214 Distracted Driving 1011 Residential Crimes 109 Youth Crimes 72 Violent Crime 55 Vandalism 44 Business Crimes 34 Domestic Abuse 24 Auto Theft 24 Stop Sign Violations 12 Phone Scams 11 Identity Theft 1 Digital/Cyber Scams 77 All 43 None 7 Unsure 162126313641 HsfbuftuTfdpoe Uif!Npssjt!Mfbuifsnbo!Dpnqboz Eftdsjqujpot!bcpvu!Gsjemfz!Qvcmjd!Tbgfuz 3135!Djuz!pg!Gsjemfz Respectful to All Backgrounds46521 Fair to All Backgrounds46511 Trustworthy to All Backgrounds49482 131517191211231 Wfsz!BddvsbufTpnfxibu!BddvsbufOpu!Bddvsbuf Uif!Npssjt!Mfbuifsnbo!Dpnqboz Befrvbuf!Pqqpsuvojujft!up!Qspwjef!Joqvu!boe!Gffecbdl 3135!Djuz!pg!Gsjemfz Yes 95% Unsure 4% No 1% Uif!Npssjt!Mfbuifsnbo!Dpnqboz Dpoubdu!Djuz!xjui!Dpodfso!ps!Dpnqmbjou 3135!Djuz!pg!Gsjemfz Yes 79% Unsure 3% Yes 16% No 84% No 18% Satisfied with Response Uif!Npssjt!Mfbuifsnbo!Dpnqboz Dpoubdufe!Djuz!Ibmm 3135!Djuz!pg!Gsjemfz Yes 40% 94 Knowledge 5 92 Courtesy 7 92 Responsiveness 6 No 90 60% Follow-Up 9 Interacted with City 1315171 Staff Fydfmmfou0HppePomz!Gbjs0Qpps Service Dimensions Uif!Npssjt!Mfbuifsnbo!Dpnqboz Nbzps!boe!Djuz!Dpvodjm 3135!Djuz!pg!Gsjemfz Knowledge of Work 14 Great Deal 6 42 Fair Amount 47 34 Very Little 38 10 None 10 3132!Tuvez Job Rating 3135!Tuvez 21 Strongly Approve 11 65 Somewhat Approve 80 4 Somewhat Disapprove 4 2 Strongly Disapprove 0 8 Unsure 5 131517191211 Uif!Npssjt!Mfbuifsnbo!Dpnqboz Tpvsdf!pg!Djuz!Jogpsnbujpo 3135!Djuz!pg!Gsjemfz "Community Connection"5326 City Website3333 Word of Mouth2555 "Star Tribune" 1836 "Fridley for You" e-newsletter1826 Park & Rec Brochure1738 Nbkps!Tpvsdf Njops!Tpvsdf City Subscriptions1728 Direct Mail1640 City's Social Media1029 "Life" Newspaper934 Community Social Media933 City Employees736 131517191211 Uif!Npssjt!Mfbuifsnbo!Dpnqboz Qsfgfssfe!Jogpsnbujpo!Tpvsdf 3135!Djuz!pg!Gsjemfz Newsletter4013 City Website1115 Direct Mail910 "Star Tribune"89 Word of Mouth717 "Fridley for You" e-newsletter65 Gjstu! City Subscriptions57 Tfdpoe City Social Media54 "Life" newspaper47 Community Social Media26 City Employees24 Park & Rec Brochure23 1213141516171 Uif!Npssjt!Mfbuifsnbo!Dpnqboz Jufn!3/ AGENDA REPORT Meeting Date:July 8, 2024 Meeting Type:City Council Submitted By:Beth Kondrick, Deputy City Clerk Title Approve the Minutes from the City Council Meeting of June 24,2024 Background Attached are the minutes from the City Council meeting of June 24,2024. Financial Impact None. Recommendation Staff recommend the approval of the minutes from the City Council meeting of June 24, 2024. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Meeting of June 24, 2024 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 45 Jufn!3/ City Council Meeting June 24,2024 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Mayor Lund called the City Council Meeting of June 24,2024, to order at 7:00 p.m. Present Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Ryan Evanson Councilmember Ann Bolkcom Absent Others Present Walter Wysopal, City Manager Scott Hickok, Community Development Director Mike Maher, Parks and Recreation Director Joe Starks, Finance Director Brandon Brodhag, Assistant City Engineer Sarah Sonsalla, City Attorney Pledge Of Allegiance Approval of Proposed Consent Agenda Mayor Lund requested to move Item 4 to be considered as Item 12a. Motion made by CouncilmemberBolkcomto adopt the proposed Consent Agendaas amended. Seconded by CouncilmemberTillberry. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Approval/Receipt of Minutes 1.Approve the Minutes from the City Council Meeting of June 10.2024. 2.Receive the Minutes from the Council Workshop Meeting of June 10,2024. 46 Jufn!3/ City Council Meeting 6/24/2024 Minutes Page 2 3.!Receive the Minutes from the Housing and Redevelopment Authority (HRA) Meeting of April 4, 2024. New Business 4. Resolution No 2024-70, Supporting Anoka County Parks Long-Range Plan for the Rice Creek West Regional Trail Corridor. 5. Resolution No. 2024-84, Approving and Authorizing the Signing of an Agreement with Northwest Metro 916 Intermediate School District for School Resource Officer Services for 2024-2026. 6. Resolution No. 2024-85, Approving and Authorizing the Signing of an Agreement with the City of Blaine for Public Safety Services During the 2024 3M Open. 7. Resolution No. 2024-89, Approving Gifts, Donations and Sponsorships Received Between May 18, 2024 and June 14, 2024. 8. Resolution No. 2024-86, Awarding Danube Pond and Farr Lake Pretreatment Project No. 603-60- 23102. 9. Resolution No. 2024-87, Awarding 2024 Americans with Disabilities Act Improvement Project No. 24-800. Claims 10. Resolution No. 2024-88 Approving Claims for the Period Ending June 20, 2024. Open Forum, Visitors: (Consideration of Items not on Agenda 15 minutes.) Mike Maher, Parks and Recreation Director, recognized the partnership between the City and FYSA which has been a positive relationship for many decades. He provided background information on the field use by FYSA for its different sports and the services the City provides without charging a fee. He then provided background information on the Park System Improvement Plan and the engagement that occurred beginning in 2019 to develop the plan which attempted to create a modern, equitable and balanced park system. He displayed the initial concept design for Commons Park which focused more on community activities at Commons Park and athletic activities at Community Park. He stated that through the work of the task force they heard that would not work because the baseball fields were very important at Commons Park and therefore, they amended the concept to create more of a balance between community use and baseball use. He reviewed the concept which was approved in 2022 for construction in 2025-2026. He stated that because they could not fit additional fields and the community amenities desired for Commons Park, the consultant had proposed to add additional field space on the School District property. He stated that in discussions with the School District they have not been able to achieve an agreement and therefore they cannot include the field space on that property. He stated that they are committed to the Commons Park concept that shows one baseball field on the park property, along with the other community desired amenities. He provided additional details on the four-season recreation for all proposed for Commons Park. He reviewed the next steps for Fridley and the FYSA 47 Jufn!3/ City Council Meeting 6/24/2024 Minutes Page 3 partnership noting that the City remains committed to providing fields for FYSA and within the park system to provide balance recreation for all residents. He stated that perhaps parks slated for development in the coming years would have potential for additional field space. Councilmember Bolkcom asked for details on the timing of the design in order to move forward with construction in 2025. She also asked for details on the square footage and estimated costs. Mr. Maher commented that this is a concept and the concept plans are used to identify priorities and pieces of the complex but the pieces may be moved around within the space. He commented that this will most likely not be the final layout as that will come forward through the design process. He stated that the estimates were done in 2022 dollars. He stated that staff recently worked on a park building project and provided a comparison from the 2022 estimate compared to the estimate received this year. He stated that they hope to begin construction in summer of 2025 and therefore are in the design process and will put bids out in the late winter season. He stated that the design should be close to done early this fall. Avonna Stark commented that she is a mother of two boys who love baseball but also has an established career in politics. She commented that candidates run on promises and to serve the public. She empathized with the position of the Council but commented that all elected officials must adjust to change to continue to serve the public. She hoped that the Council could recognize the passion that the residents tonight have and the need for children to have a safe place for sports. She commented that if the voices of the families are not heard, the community could fall apart. She asked that the Council save the fields and leave the families in the community. Matt Vanderpool shared the importance of Fridley Youth Sports. He stated that he took the parks survey and voted for the splashpad but was not aware that would cause a reduction in fields for youth sports. He commented that he would not have voted for that if he knew that was the outcome. He commented that FYSA brings together a diverse group of children and parents for weeks at a time which builds relationships and community. He commented that those connections are not created through a skating rink or splashpad. He commented that he was attracted to Fridley once he was married because he found a great property and great home and they really did not create a connection with the community because of their involvement in Fridley youth sports. He commented that it is that connection to the community that has kept his family in Fridley. He was worried that the plan for this park would limit the ability for youth sports to continue to grow and thrive and to support the connections and community that is built through sports. Jim Stangler commented that he has been a resident for 17 years and has coached multiple sports, including baseball, for the last five years. He stated that he was involved in the engagement process including the task force. He commented that softball use field three, so taking away these fields would result in more loss for baseball and softball. Mayor Lund commented that the City retrofitted field two for baseball use as it had previously been used for girls fastpitch, which is another example of the City reacting to requests from FYSA. Mr. Stangler commented that in the task force meetings people were pretty opinionated and he was told to keep an open mind. He stated that he believes that he did that throughout the process. He stated 48 Jufn!3/ City Council Meeting 6/24/2024 Minutes Page 4 that pickleball and a splashpad are great ideas. He commented that the fields are used a lot and believed that there is a way to fit things in without taking away the fields. He asked the number of fields that would be, or have been, removed in other parks in addition to what is proposed at Commons Park. Mr. Maher commented that there was a remnant of a baseball field at Moore Lake Park which was converted into flexible field use space. He commented that the neighborhood park field space was no longer being used, although the organized sports fields get a lot of use. He commented that the same has occurred with old hockey rinks where those were not used and were removed to make space for another amenity. Mr. Stangler stated that there are about 25 young children using Terrace Park for little league because that program continues to grow. He stated that removing the three fields from Commons Park will drastically drop numbers for baseball. Councilmember Bolkcom asked if there are kids from other communities playing for FYSA. Jake Karnopp stated that at the end of each year he provides demographic information. He stated that there are 157 kids signed up this year and estimated that 80 percent of those kids are Fridley residents. He commented that whether or not someone is a resident is not important to him because they provide a service to kids with no restrictions, unlike some other communities. He stated that they have found that when they open their program to kids with open arms, it assists with their success rate. He provided an example of a Columbia Heights family that began playing sports in Fridley, when then led to enrollment in the Fridley schools and then purchasing a home in Fridley. He stated that soccer has about 220 kids this year. He commented that FYSA is a growing entity on all levels. He hoped to educate the Council and community on the current situation. He stated that the current plan as presented would reduce the number of fields from three to one, which would have a negative impact on athletics. He stated that since February he has listened to objections from staff on their requests. He stated that it has been said that baseball did not score high enough on the list of amenities to maintain the number of fields, but finds it hard to believe that baseball scored lower than a skating rink. He provided a packet of information that he gathered and shared with the Council and reviewed that information. He commented that the Council continues to make comments that baseball did not rank high enough, but that is not correct and provided examples noting that funding continues to be allocated towards the two lowest amenities. He stated that 68 percent of respondents supported improvement of the baseball and softball fields. He stated that people want baseball more than winter sports or pickleball. He referenced comments that were made by Mayor Lund in a Star Tribune article published today and how that conflicts with the information he presented today. He stated that this is not about money, but instead maintaining the baseball fields at Commons Park. He stated that if things need to be cut from the project, the Council should start with the least desired amenities. He stated that although the statement has been made that the youth sports community was not involved in the engagement process, the data from the survey shows that to be untrue and provided examples. He believed that the data shows that the community does not support removal of the fields from Commons Park. He stated that they have continued to inquire and have been told that nothing has been finalized and there is still time. He commented that their statement has remained constant throughout this process to keep the fields at Commons Park and asked that the Council listen to the residents and correct the plan for the park. He recognized the statement has been made that the plan for Commons Park is running over budget and proposed a solution to keep Commons fields one and two with minimal upgrades to both fields. He stated that the building and splashpad could 49 Jufn!3/ City Council Meeting 6/24/2024 Minutes Page 5 be moved to the north and the rink could be removed from the plan to save funds. He asked the Council to think critically about what it has been told versus the factual data that has been provided. Councilmember Evanson referenced an email sent about one week ago, acknowledging that they agreed in principal that there would be three fields on School District property. He noted that the Council has been working to solve the problem, but there was a continued request additional amenities at a cost of $1,300,000 which was paired down to $500,000. He asked why they are holding out for these additional amenities. Mr. Karnopp commented that he has to put on a different hat now as a School Board member, noting that this is only his opinion and not that of the other members or Superintendent. He commented that originally there was an agreement to use School District land with the City funding the three fields. He stated that when the legal proposal was sent over for signatures, the site-specific plans were very nonspecific, which gave him pause. He stated that the School District had said that if that were to happen the School District would take over on maintenance and programing of the fields. He recognized that the fields would be a gift, but that gift would cost money as well. He provided an example of a building which is in disrepair and will cost $7,000,000 to repair. Mayor Lund clarified that the City never owned that space, noting that it was previously an elementary school and the City leased space at a cost of $150,000 per year but that partnership eventually dissolved. Councilmember Evanson commented that it was recently stated that the School District cannot maintain its assets as it is asset rich and cash poor. He stated that because the School District has a history of not being able to maintain its assets, the City even agreed to assist with maintenance. He recognized that the fields may not have all the amenities desired but it would work. Mayor Lund asked that the public provide input and the Council refrain from engaging and debating tonight as this is Open Forum and there is an agenda for the meeting tonight. Councilmember Evanson commented that he is trying to clear the air because there is a social media page that has said a lot of things, noting that the guy that says the City is taking things away also said no to a deal the City offered. Mr. Karnopp commented that a deal is only struck two ways, as the City also said no when the School District conveyed its minimum needs as well. He recognized that the School District has a history of not maintaining its assets, but with the current leadership they are changing that. Mayor Lund stated that he would not want to discuss School District business and commented that the focus should be on whether the School District would allow the fields on their property. He recognized that the School District decided that would not work for them. He commented that over $25,000 was spent revising plans during the last four months. Councilmember Tillberry asked if all these residents would be attending the next School Board meeting to share their concerns as well. 4: Jufn!3/ City Council Meeting 6/24/2024 Minutes Page 6 Mr. Karnopp commented that the School District did not decide to fund the park improvements in Fridley and the School District did not decide to remove fields from the park. He commented that two members of the Council have now made negative comments towards him, and he will continue to take the high road. Councilmember Bolkcom recognized there is a desire for fields at this park, but if the City is offering fields in other locations that are as good or better, would that be considered. Mr. Karnopp commented that nothing is off the table, however, whenever this situation comes up, they have presented problems with locating fields at Community Park. He stated that Terrace Park is his neighborhood park and currently hosts overflow t-ball. He commented that field would not be able to support kids older than eight years old. He commented that the smaller fields described for pickup games would not support anything other than t-ball because they are not the appropriate size and scope for older children without encroa Mayor Lund commented that it is not the problem of the School District. He was confident that the City has enough assets on City property to support the programing. He recognized the desire for the fields to stay at Commons Park, but the City does not have the luxury of focusing only on baseball as Commons Park is meant to be a community park with assets for the entire community. Mr. Karnopp commented that if there are less than two fields at Commons Park their program would be decimated. He commented that the City is going to spend money to get rid of those assets, one of those fields has lights. He stated that the solution is right in front of them, keeping fields one and two and moving the other amenities that were desired to the north part of the park. He stated that he is open to continuing conversations. Kimberly Farrao-Kisser commented that her son was in sports for years and is now in college. She stated that she was a member of the task force, and they went through a lot of work to develop concepts. She recognized that the original concept was more money than was available, but changes were made removing items that were critical to the parks. She noted that when the changes were made to the concepts, those did not go back to the task force for input. She commented that the residents are the taxpayers in the city and asked that the Council work with the residents. She stated that if a lot of changes are being made to the concepts, there should have been more input. She stated that the concept developed by the task force included the baseball fields. She commented that she met so many friends . She asked the cost to run the splashpad as that will become an ongoing expense. Councilmember Bolkcom commented that her questions about the timeline for design was not an attempt to push forward but just an understanding that there is a timeline in order to move forward with construction in 2025. She recognized that it is great that so many people are present tonight but then they could also have a meeting with people that want a splashpad. Ms. Farrao-Kisser commented that they should have a public meeting about the park allowing all that want to provide input. 51 Jufn!3/ City Council Meeting 6/24/2024 Minutes Page 7 Mayor Lund commented that he would like to draw the line on this discussion tonight, noting that they will continue to keep open minds and discussions with FYSA. He recognized that there is a deadline in order to move forward with the improvement. Councilmember Bolkcom commented that there were a lot of people that took time out tonight to attend and believed that they should have the opportunity to speak if they wish. Councilmember Ostwald commented that he would also like to make a statement. Natividad Seefield commented that she has lived in Fridley since 1996 and believed that climate change should be considered when thinking about hockey rinks. She asked if mailings are inclusive to low- income communities. She commented on the lack of diversity in most committee meetings. She asked the liability of a splashpad. Councilmember Ostwald commented that he would be happy to receive comments from any members of the public and noted that his information is on the City website. Councilmember Bolkcom asked how comments would be provided back to those that have provided input. Mayor Lund commented that the typical process would be followed to respond to comments and another meeting would most likely be set up to continue conversations. Kegan Stine asked where she could find that information. Wally Wysopal, City Manager, commented that they could bring back those answers in a future City Council meeting packet although perhaps not the next City Council meeting. Councilmember Evanson asked if information could be shared for updated concepts as the park improvements continue. Councilmember Bolkcom commented that an update could also be provided at a future Council meeting. Councilmember Tillberry commented that everyone in this room has good intentions while some agree, and some do not. Adoption of Regular Agenda Motion made by Councilmember Evanson to adopt the regular agenda as amended to include Item 12a. Seconded by Councilmember Ostwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Regular Agenda New Business 52 Jufn!3/ City Council Meeting 6/24/2024 Minutes Page 8 11. Resolution No. 2024-83, Declaring Costs to be Assessed, Ordering Preparation of the Proposed rd Assessment Roll and Directing Publication of the Public Hearing Notice for 53 Avenue Trail and Walk Improvements Project No. ST-2023-21 Joe Starks, Finance Director, provided details on the special assessment process including the steps that have been completed and those yet to be completed. He provided a summary of the ST2023- 21 project and related assessment roll. He also provided details on assessment repayment and decrement opportunity. He recommended that the Council adopt Resolution No. 2024-83 as presented. Councilmember Tillberry asked the per unit assessment rate for the project. Mr. Starks replied $3,800. He stated that there has been notice to homeowners already and additional notification will be sent related to the public hearing date. Motion made by Councilmember Tillberry to approve Resolution No. 2024-83, Declaring Costs to be Assessed, Ordering Preparation of the Proposed Assessment Roll and Directing Publication of the rd Public Hearing Notice for 53 Avenue Trail and Walk Improvements Project No. ST-2023-21. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. th 12. Resolution No. 2024-90, Approving a Scope of Services for Design Engineering of the 57 Avenue Bridge Project Brandon Brodhag, Assistant City Engineer, provided background information and the proposed alignment. He reviewed the items that the project consultant, Kimley Horn, has completed and the continued scope of services along with a breakdown of expenses. He provided details on funding and reviewed the next steps. Mayor Lund asked if the City is still working to obtain easements from property owners. Mr. Brodhag replied that staff has agreements for some right-of-way acquisition and will work to resolve the remainder. th Councilmember Ostwald asked for an update on the railroad crossing closing on 77. Mr. Brodhag th commented that with the letter of support it would be requested to close 77 Way. Councilmember Bolkcom asked for an update on timing and whether they believe the State would provide funding in the next session. Mr. Brodhag replied that the City has been pursuing Federal funding but has not yet been successful. He stated that the design funding was provided by the State which will be a benefit when continuing to apply for other funding. Motion made by Councilmember Bolkcom to approve Resolution No. 2024-90, Approving a Scope of th Services for Design Engineering of the 57 Avenue Bridge Project. Seconded by Councilmember Evanson. 53 Jufn!3/ City Council Meeting 6/24/2024 Minutes Page 9 Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 12a. Resolution No 2024-70, Supporting Anoka County Parks Long-Range Plan for the Rice Creek West Regional Trail Corridor. Mayor Lund stated that he requested to remove this item from the Consent Agenda because the last whereas statement in the resolution referenced number ten. He commented that he had difficulty finding item ten. He stated that the summary also states a period of three to five years for accessibility and there was no timeline for wayfinding. Mr. Wysopal commented that this is a master plan that is being revised as the original plan is from 1980. He stated that the master plan does not have dates certain within, but is meant to include these items within the Anoka County Capital Improvement Plan. He felt confident that the items will be accomplished within the identified timelines. He noted that this is more of a commitment to see that these things happen, rather than set dates of when they would happen. He commented that the items from the plan have also been incorporated in the CIP, which is satisfactory to the City. Mayor Lund commented that he has some distrust that these items will be accomplished. Mr. Wysopal provided more specific information on item ten referenced by Mayor Lund. Motion made by Mayor Lund to approve Resolution No. 2024-70, Supporting Anoka County Parks Long-Range Plan for the Rice Creek West Regional Trail Corridor. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Informal Status Reports The Council provided input on the recent 49er Days festivities, thanking all the volunteers that assisted with the events. It was noted that the movie and fireworks will be rescheduled as those did not occur because of the weather. Recognition was provided to Jo Young for the work she did as President of the 49er Days Committee. Adjourn Motion made by Councilmember Evanson to adjourn. Seconded by Councilmember Ostwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously and the meeting adjourned at 9:12 p.m. Respectfully Submitted, Melissa Moore Scott J. Lund City Clerk Mayor 54 Jufn!4/ AGENDA REPORT Meeting Date:July 8, 2024 Meeting Type:City Council Submitted By:Beth Kondrick, Deputy City Clerk Title Receive the Minutes from theCity Council Conference Meeting of June 24, 2024 Background Attached are the minutes from the City Council conference meeting of June 24, 2024. Financial Impact Recommendation Receive the minutes from theCity Council conference meeting ofJune 24, 2024. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Conference Meeting of June 24,2024 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 55 Jufn!4/ Council Conference Meeting June 24, 2024 5:30P.M. Fridley City Hall, 7071 University Avenue NE Minutes Roll Call Present:Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Ryan Evanson Councilmember Ann Bolkcom Others Present:Walter Wysopal, City Manager Mike Maher, Director of Parks and Recreation Nic Schmidt, Project Manager Brandon Brodhag, Assistant City Engineer Items for Discussion 1.Cannabis Working Group Memo The City Council received a memo with staff updates on preparing for potential Cannabis licensing in the City. No presentation or discussion, memo only. 2.Commons Park Redevelopment Update. Mike Maher, Parks and Recreation Director,provided an update on the Commons Park building scoping and design, along with the proposed options for keeping both ballfields at Commons Park that would be displaced by the proposed plan. 56 Jufn!5/ AGENDA REPORT Meeting Date:July 8, 2024 Meeting Type:City Council Submitted By:Beth Kondrick, Deputy City Clerk Title Resolution No. 2024-91, Appointing Election Judges for the 2024Election Year Background Section 4.05 of the Fridley City Charter and Minnesota Statute § 204B.21 requires the City Council (Council) to appoint Election Judges locations on Election Day. There are two remaining election dates in 2024: State Primary on August13 General Electionon November5. Each polling location is supervised by the Head Judge, who manages the polling location and all other Election Judges including: Greeter Judge, directs traffic flow and maintains order in the polling location; Registration Judge, oversees the registration process for voters; Ballot Judge, oversees the ballot counter and maintains ballot security; and a Technology Judge, responsible for all technology used in the polling location. Financial Impact Anticipated in the 2024 City Budget. Recommendation Staff recommend the approval of Resolution No. 2024-91, Appointing Election Judges for the 2024 Election Year. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &Places X Community Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Resolution No. 2024-91 List of Election Judges Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 57 Jufn!5/ Resolution No. 2024-91 Appointing Election Judges for the 2024 Election Year Whereas, Section 4.05 of the Fridley City Charter requires the Fridley City Council to appoint at least Whereas, Minnesota Statute § 204B.21 requires the Fridley City Council to appoint all Election Judges for its municipal elections. Now therefore be it resolved, the City Council of the City of Fridley hereby appoints the individuals listed in Exhibit A to act as Election Judges for municipal elections in the City of Fridley on August 13, 2024. Be it further resolved, the City Clerk is hereby authorized to appoint additional Election Judges as needed, pursuant to Minnesota Statute § 204B.21 subd. 2. th Passed and adopted by the City Council of the City of Fridley this 8 day of July, 2024. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 58 Jufn!5/ TaraAnderson-Huberty DonnaBahls JeroldBahls AlexBehling MargaretBetzold DonBlakeslee MaryBlashill BrendanBremener BarbaraBreza DorothyBrutlag KathyBusch SusanCameron AngelaClarke MarkCorless JasonCzech BeeDavidson AnnaDisco AnneDreblow JustinDritz BarbErnster AlanFiene DonaldFindell ThereseFrederick IbsenGabriel KathyGarman JudithGreen CatherineHarrington KatherineHebert FranklinHeller PhyllisHildreth RobertHosman LeahHowe WayneHowe TeresaHub MattJorgenson RachelJorgenson MeganKehoe ColleenKennedy RenateKoppes LondaKroone LaVonneKulseth AaronKurrell AmyLaMere JohnLarsen GinaLarson KyleLarson ChristineLauer 59 Jufn!5/ JoyceLloyd RandallLohmer JudithMcHugo AngelaMcShane ChristopherMoore ArnoldNelson OluwaseyiOlawore JenniferOllila AaronPeterson ElainePitezel BrucePomerantz AnnaPribula RobertRedman WilliamRust JoshuaSandey JenniferSchneider DonnaSiedlecki MarySimms BrendaSmith RonThureen SusanTienter JodiToupal JenniferTuder DoloresVarichak StephenVarichak KateWesselink JoyceWindsperger-Rubio BeverlyWuertz BrentYounkin 5: Jufn!6/ AGENDA REPORT Meeting Date:July8, 2024 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Brandon Brodhag, Assistant City Engineer Touyia Lee, Graduate Engineer Title rd Resolution No. 2024-93, ApprovingChange Order No. 3(Final) for 53Avenue Trail and Walk Improvements Project No. ST2023-21 Background rd Attached is Change Order No. 3(Final) for the for 53Avenue Trail and Walk Improvements Project No. rd ST2023-21. This project includes street rehabilitation on53Avenue from Main Street to Trunk Highway rd 65 (Central Avenue), installation of a new bituminous trail on the south side of 53Avenue from Main rd Street to Central Avenue, and installation of a concrete sidewalk on the north side of 53Avenue from Trunk Highway 47 (University Avenue) to Monroe Street. This project is part of the Citys(City) regular street maintenance program and is a shared roadway between theCityandthe City ofColumbia rd Heightsfor the segment of 53Avenue between Trunk Highway 47 (University Avenue) to Trunk Highway 65 (Central Avenue). This project was submitted for eligible Minnesota Department of Transportation (MnDOT) Local Road Improvement Program (LRIP) funding for the trail, sidewalk, and resurfacing improvements in 2021 and received $1,250,000 in State funding.The City of Columbia Heights will be providing funding for a portion of the project through a Joint Powers Agreement. The work is being performed under a contract withPark Construction Companyof Spring Lake Park, MN. The amount of this change order is$28,479.40.Total work included in Change Order No. 3(final)would increase thecontract by 1.3%.Cumulative change orders to this project,including Change Order No. 3, would total 23.8% of the original contract. A summary of the changes is attached. Additional work was required due to the following: Mobilization(CO3.01) rd There was remaining work to be completed in 2024 for the 53Avenue Trail and Walk Improvement Project. This required an additional mobilization fee from the Contractor. CO3.01accounted for $8,825.00of the change order. The City of Columbia Heights will fund $4,412.50 andCity of Fridley will fund $4,412.50withtheir respectiveMinnesota State Aid System Fundsand Street CIP Fund. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 61 Jufn!6/ Additional 2024 Work (CO3.02) The additional 2024 work completed in 2024 includes removing of bituminous pavement to install the concrete sidewalk and installation of the bituminous trail near Medtronic and Discount Tire along with concrete ped ramps and ADA truncated domes. This work was delayed due to two primary reasons in 2023. The first delay was from the construction of rdrd the 53 Avenue Turnabout (City) project occurring at the same time as the 53 Avenue Trail and Walk Improvements Project. The turnabout project was delayed by 2 weeks due to unforeseen conditions which affected the schedule and work of the trail project. The second reason for the 2024 work was the delay caused by a private utility conflict that slowed down the work for the trail project. These two slowdowns pushed the trail project to the middle of November of 2023. City Staff worked with all parties from the turnabout and trail project including the private utility company to determine the best course of action. Below is a summary of the 2024 work. Tabulation Summary for CO3.02 CƩźķƌĻǤ /ƚƌǒƒĬźğ IĻźŭŷƷƭ ITEM NO. DESCRIPTION COST COST TOTAL COST CO3.02 Remove Bituminous Pavement $ 473.85 $ - $ 473.85 Type SP 9.5 Wearing Course Mix (2,C) - Trail $ - $ 5,937.60 $ 5,937.60 4" Concrete Walk $ 984.15 $ - $ 984.15 6" Concrete Walk $ - $ 6,699.00 $ 6,699.00 Truncated Domes $ - $ 787.00 $ 787.00 CO3.02 TOTAL = $ 23,707.00 CO3.02 accounted for $14,882 of the change order. The City of Columbia Heights is $13,424 and City of Fridley$1,458. City Staff are determined to go after the private utility for the above total cost incurrence due to delay. Saw and Seal (CO3.03) The Contractor communicated with City Staff stating that the saw and seal quantities will be over the expected amount. City Staff directed the Contractor to continue and complete the saw and seal for the rd entire 53 Avenue project area. Saw and seal is when the contractor cuts expansion joints into the road on a consistent interval and then fills the joint with a sealer. This process allows the pavement to expand and contract to reduce pavement cracking over time. CO3.03 accounted for $4,772.40 of the change order and will be funded out of the State Aid System Funds and Street CIP Fund. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 62 Jufn!6/ Change Order No 3. (Final) Tabulation Summary CƩźķƌĻǤ /ƚƌǒƒĬźğ IĻźŭŷƷƭ ITEM NO. DESCRIPTION COST COST TOTAL COST CO3.01 Mobilization $ 4,412.50 $ 4,412.50 $ 8,825.00 CO3.02 2024 Extra Work $ 1,458.00 $ 13,424.00 $ 14,882.00 CO3.07 Saw and Seal $ 4,772.40 $ - $ 4,772.40 $ 10,642.90 $ 17,836.50 $ 28,479.40 CHANGE ORDER NO. 3 TOTAL = $ 28,479.40 Financial Impact Funding for this project is derived from several sources including the Local Road Improvement Program Grant of $1,250,000, the City of Columbia Heights through a cost-share project Joint Powers Agreement, Municipal State Aid System funding, special assessments, and Utility CIP funds (water, sanitary sewer, and storm sewer). The amount of this change order exceeds the normal project allowance of 5%. Recommendation Staff recommends the approval of Resolution No. 2024-93. Approving Change Order No. 3 (Final) for rd 53 Avenue Trail and Walk Improvements Project No. ST2023-21 Focus on Fridley Strategic Alignment x Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution 2024-93 rd !Change Order No. 3 (Final) for 53 Avenue Trail and Walk Improvements Project No. ST2023-21 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 63 Jufn!6/ Resolution No. 2024-93 rd Approving Change Order No. 3 (Final) for 53 Avenue Trail and Walk Improvements Project No. ST2023-21 Whereas, the 53rd Avenue Trail and Improvements Project (Project) included street rehabilitation on 53rd Avenue from Main Street to Trunk Highway 65 (Central Avenue), installation of a new bituminous trail on the south side of 53rd Avenue from Main Street (CSAH 102) to Central Avenue (Trunk Highway 65), and installation of a concrete sidewalk on the north side of 53rd Avenue from Trunk Highway 47 (University Avenue) to Monroe Street street maintenance program under a contract with Park Construction Company of Spring Lake Park, MN (the Contractor); and Whereas, City of Columbia Heights through a cost- State Aid System funding, utility enterprise funds and special assessments; and Whereas, City staff directed the Contractor to perform work for the items that are incorporated into this change order as enumerated in the agenda report; and Whereas, work under this change order would increase the contract by $28,479.40, or 1.3%; and Whereas, cumulative additional work has been directed by the City that modified the contract from $1,776,297.26 to $2,198,486.19 (a 23.8% increase) to meet the goals and requirements of the project. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves Approval rd of Change Order No. 3 (Final) for the 53 Avenue Trail and Improvements Project ST2023-21 in the amount of $28,479.40. Passed and adopted by the City Council of the City of Fridley this 8th day of July, 2024. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 64 Jufn!6/ Public Works Department Streets ¤ Parks ¤ Water ¤ Sewer ¤ Stormwater ¤ Fleet ¤ Facilities¤ Engineering 2-Jul-24 Park Construction Company 1481 81st Ave NE Minneapolis, MN 55432 SUBJECT : Change Order No. 3 53rd Avenue Trail and Walk Improvements Project No. ST2023-21 You are hereby ordered, authorized, and instructed to modify your contract for the above referenced project by including the following items: ITEM NO.UNITSQUANTITYUNIT PRICECOSTDESCRIPTION Mobilization CO3.01LUMP SUM1.008,825.00$ 8,825.00$ CO3.02SQ FT243.001.95Remove Bituminous Pavement$ 473.85$ Type SP 9.5 Wearing Course Mix (2,C) - Trail CO3.03LIN FT96.0061.85$ 5,937.60$ CO3.04SQ FT243.004.054" Concrete Walk$ 984.15$ CO3.05SQ FT1,914.003.506" Concrete Walk$ 6,699.00$ CO3.06SQ FT254.003.10Truncated Domes$ 787.40$ CO3.07LIN FT1,164.004.10Saw and Seal$ 4,772.40$ CHANGE ORDER NO. 1 TOTAL = 28,479.40$ Original Contract Amount:$1,776,297.26 Prior Change Orders Approved:394,215.06$ 22.2%of Original Contract Amount This Change Order:28,479.40$ Proposed Contract Amount:$2,198,991.7223.8%of Original Contract Amount Submitted and approved by James Kosluchar, Director of Public Works, on the 9th Day of July 2024 James P. Kosluchar, Director of Public Works Approved and accepted this th day of , 2024 by Park Construction Company Park Construction Company Representative Approved and accepted this th day of , 2024 by the City of Fridley Scott Lund, Mayor Walter T. Wysopal, City Manager 65 Page 1 of 1 Jufn!7/ AGENDA REPORT Meeting Date:July8, 2024 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Title Resolution No. 2024-94, Approvinga First Amendment to Existing Tower Site Lease Agreementwith T- Mobile for the Commons Park Tower Background Attached isan amendment to a 2005 lease agreement with T-Mobile for the Commons Park site. The amendment is requested by T-Mobile, as they are adding infrastructure supporting the site, including a generator to improve the resiliency of their telecommunications facilities. The amendment extends the lease to 2030 with three additional five-year renewals that may be mutually agreed upon. The rent amount continues as provided for in the current lease and is adjusted annually based on the Consumer Price Index, along with additional equipment the tenant has installed. The lease currently generates approximately $40,000 per year in revenue for the Cityof Fridley (City). The lease contemplates a new towerat the site which may be constructed by the City in anticipation of the replacement of the elevated water tower and requires T-Mobile to relocate to this tower at the time of its construction. The remaining lease terms are agreed to without amendment, and the site remains one of the approved telecommunications sites identified by the City Code. The continuation of the lease will provide It is our request to approve the attached lease with the ability to incorporate any final amendments Financial Impact Continuation of the lease provides a certain revenue stream tothe City for leasing to this tenant, currently roughly $40,000 per year. Recommendation Staff recommends the approval of Resolution No. 2024-94,Approvinga First Amendment to Existing Tower Site Lease Agreement with T-Mobile for the Commons Park Tower. Vision Statement We believe Fridley will be a safe, vibrant, friendlyand stable home for families and businesses. 66 Jufn!7/ Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building X Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2024-94 !First Amendment to Tower Site Lease Agreement Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 67 Jufn!7/ Resolution No. 2024-94 Appriving a First Amendment to Existing Tower Site Lease Agreement with T-Mobile for the Commons Park Tower Whereas, in 2005, the City of Fridley (City) and T-Mobile entered into a tower site lease as Landlord and Tenant respectively for the Commons Park Water Tower; and Whereas, T-Mobile is making certain improvements to their equipment that will add resiliency to their site and services; and Whereas, in making these improvements, T-Mobile has requested an extension of the current lease through an Amendment to ensure long-term viability of the site; and Whereas, the Amendment is attached, new terms of which include continuation of rent paid to the City, extension of the tower site lease timeframe, and relocation should the City build a new tower; and Whereas, staff and T- require further legal review. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the attached First Amendment to Existing Tower Site Lease Agreement with T-Mobile for the Commons Park Tower Passed and adopted by the City Council of the City of Fridley this 8th day of July, 2024. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 68 Jufn!7/ Site #A1O0819E Market: Minneapolis FIRST AMENDMENT TO TOWER SITE LEASE AGREEMENT THIS FIRST AMENDMENT TO TOWER SITE LEASE AGREEMENT made and entered into by and between the City of Fridley, Minnesota, a Minnesota municipal corporation T-Mobile Central, LLC Recitals The parties hereto recite, declare and agree as follows: A. Landlord and Tenant (or as applicable, their respective predecessors in interest) entered into a th Tower Site Lease agreement dated April 15, 2005 601 st 61 Avenue, Fridley, Minnesota, 55432. B. Landlord and Tenant desire to enter into this First Amendment in order to modify and amend certain provisions of the Lease. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant covenant and agree as follows: The foregoing Recitals are expressly made a part of this First Amendment and are incorporated herein by this reference. All capitalized terms used, but not defined herein, shall have the same meaning as in the Lease. 1. Effective as of July 17, 2024, Tenant will have the right to modify its Antenna Facilities as described and depicted on Exhibit A, which is attached hereto and by this reference incorporated herein, and Landlord hereby consents to and approves of the modifications described and depicted on Exhibit A in all respects. 2. The following supplements Paragraph 2.5 of the Lease: Further, should Landlord construct a telecommunications tower at the site, upon at least one- hundred eighty (180) days' notice from Landlord, Tenant, at its sole cost and expense, shall make any necessary arrangements to relocate its equipment to that facility, provided the performance of the new facility is equivalent or better. Landlord will coordinate with Tenant any such new telecommunications tower to enable providing similar performance for 3. The following is added to Paragraph 3 of the Lease: Current Term and Tenant shall have the right to extend this Lease for three (3) additional five-year terms (each, a Renewal Term shall automatically renew for each Renewal Term, unless Tenant notifies Landlord, in writing, of Tenant's intention not to renew the Lease at least thirty (30) days prior to the expiration of the Current Term or immediately preceding Renewal Term. All references to Renewal Term in the Lease shall include the Renewal Terms set forth in the First Amendment. If Tenant shall remain in possession of the Premises at the expiration of the Lease and First Amendment, without a written agreement, such tenancy shall be deemed a month-to-month tenancy under the same terms and conditions of the Lease. 1 69 Jufn!7/ 4. The following supplements Paragraph 4 of the Lease: Upon Amendment of the lease, unless otherwise provided for, Tenant agrees to pay rent to Landlord in accordance with and in continuation of the payment schedule in the original lease as amended including any escalators applied. Tenant also agrees to evaluate payments to date and make payment or receive credit for any amounts due to Tenant or Landlord at the time of amendment, and at any time either party may request such a settlement of payments is requested by either party. 5. following: ! If to Tenant: If to Landlord: T-Mobile USA, Inc. City of Fridley Attn: Lease Compliance/Site No. A1O0819E 7071 University Avenue N.E. th 12920 SE 38 Street Fridley, MN 55432 Bellevue, WA 98006 Attn: City Manager 6. Each person signing this First Amendment on behalf of Landlord or Tenant represents that he or she is duly authorized to sign this First Amendment and to bind the party on behalf of which such person is signing. If there is a conflict between the Lease and this First Amendment, this First Amendment shall prevail. 7. Landlord warrants and represents that the consent or approval of no third party, including, without limitation, a lender, is requFirst Amendment, or if any such third-party consent or approval is required, Landlord has obtained any and all such consents or approvals. 8. The Lease remains in full force and effect as amended by this First Amendment and is hereby ratified and confirmed by the parties. 9. This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Signed facsimile and electronic copies of this First Amendment shall legally bind the parties to the same extent as original documents. 2 6: Jufn!7/ IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by their duly authorized representatives as of the date of the last signature below. T-Mobile USA, Inc. City of Fridley, MN By:_______________________________ By: Name:____________________________ Name: Scott Lund Title:_____________________________ Title: Mayor Date:_____________________________ Date:_________________________________ By: Name: Walter Wysopal Title: City Manager Date:_________________________________ 3 71 Jufn!7/ 72 Jufn!7/ 73 Jufn!7/ 74 Jufn!7/ 75 Jufn!7/ 76 Jufn!7/ 77 Jufn!7/ 78 Jufn!7/ 79 Jufn!7/ 7: Jufn!7/ 81 Jufn!7/ 82 Jufn!7/ 83 Jufn!7/ 84 Jufn!7/ 85 Jufn!7/ 86 Jufn!8/ AGENDA REPORT Meeting Date:February 26, 2024 Meeting Type:City Council RegularMeeting Submitted By:Danielle Herrick, City Manager Intern Becca Hellegers, Employee Resources Director Mike Grundman, IT Manager Title Resolution No. 2024-95, ApprovingtheInterim Ethical Generative Artificial Intelligence Policy Background In October 2022, generative Artificial Intelligence (AI) became widely available to the public. This technology can rapidly generate human-like content from simple prompts, offering significant potential for increased efficiency in various City operations. However, it also presents challenges that need to be addressed. To proactively manage these challenges and opportunities, the City established an interdepartmental taskforce to develop comprehensive guidelines for AI use. The taskforce identified three primary areas of risk: maintaining human control and oversight, ensuring data privacy, and promoting transparency. The proposed AI Use Policy consists of the following key components: 1. AI Ethical Use Principles: Serves as a "bill of rights" for AI use, providing a clear framework for staff to follow. It covers broad expectations including human oversight, data privacy, transparency, training, and continuous monitoring. 2. Levels of AI Involvement: Establishes a common language for discussing AI use intensity. 3. Detailed Use Procedure: Provides specific instructions for AI use in day-to-day operations, emphasizing user responsibility for accuracy, data privacy, and transparency. Requires a disclaimer on AI-assisted work products. 4. Acknowledgment: Requires staff to sign an acknowledgment of the AI Use Policy to ensure accountability. 5. Decision Matrix and Guidelines: Includes a visual guide for determining appropriate AI use and a list of do's and don'ts for practical application. 6. Training and Resources: Outlines required and optional training opportunities for staff. The policy has been reviewed by the City Attorney. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 87 Jufn!8/ Financial Impact None. Discussion Staff request the approval of Resolution No. 2024-95, Approving the Interim Ethical Generative Artificial Intelligence Policy. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources !Resolution No. 2024-95 !Interim Ethical Generative Artificial Intelligence Policy Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 88 Jufn!8/ Resolution No. 2024-95 Approving the Interim Ethical Generative Artificial Intelligence Policy Whereas, in October 2022, generative Artificial Intelligence (AI) became widely available to the public, offering significant potential for increased efficiency in various City operations while also presenting challenges that need to be addressed; and Whereas, the City established an interdepartmental taskforce to develop comprehensive guidelines for AI use, identifying three primary areas of risk: maintaining human control and oversight, ensuring data privacy, and promoting transparency; and Whereas, the proposed Policy consists of key components including AI Ethical Use Principles, Levels of AI Involvement, Detailed Use Procedure, Acknowledgment requirements, Decision Matrix and Guidelines, and Training and Resources; and Whereas, the AI Use Policy will serve as a framework to guide staff on the effective and responsible use of generative AI technologies in municipal operations; and Whereas, policy has been reviewed by the City Attorney to ensure legal compliance. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the Interim Ethical Generative Artificial Intelligence Policy. th Passed and adopted by the City Council of the City of Fridley this 8 day of July, 2024. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 89 Jufn!8/ INTERIM ETHICAL GENERATIVE ARTIFICIAL INTELLIGENCE (AI) POLICY Purpose The City of Fridley (City) has established the Ethical Artificial Intelligence (AI) Policy (Policy) to affirm the City's commitment to responsible and ethical use of publicly availablegenerative AI systems (e.g., Copilot, ChatGPT, Claude, Gemini, Midjourney, Dall-E). The City recognizes the potential benefits of utilizingnew generative AI technologies. The City also acknowledges the risks and limitations associated with these tools. As generative AI technologies continue to evolve rapidly, ongoing research is crucial to better understand their functionality, societal impacts, and potential biases. It is important to treat generative AI technologies as sophisticated tools, not as equivalents to human intelligence. This Policy outlines principles and use proceduresto ensure transparency, fairness, accountability, and protection of human rights as we utilizegenerative AI. This Policy’sgoal is to drive innovation and efficiency through the use of generative AI while safeguarding employees, partners and the public.The Policyincludes resources such as a decision matrix, use examples, and third-party references. Ethical Use Principles The following ethical use principles establish requirements for City use of publicly available generative AI systems. These principles aim to ensure responsible generative AI usethat upholds transparency, accountability, fairness and protection of human rights. All City employees and departments utilizing generative AI and/or AIsystems in their work must adhere to these ethical use principles. Human Control Generative AI does not replace human decision-making. All outputs from generative AI must be reviewed and approved by the individual who is using it and who has subject matter knowledge before any use or distribution of the generated content. Generative AI is a tool, and the City and user are accountable for its outcomes. Ensure AI-generated content does not further perpetuate harms against vulnerable populations. Users must be able to explain theirreview process, includingprompts used and modification made to AI-generated content. 8: Jufn!8/ In case of unintended consequences, the City may take corrective measures. Data Privacy Data that includes personally identifying information about people, private/nonpublic data, and confidential data must be removed before inputting into generative AI. Users are responsible for ensuring generative AI is used in accordance with the Minnesota Data Practices Act and applicable state laws pertaining to record retention. It is forbidden to give generative AI access to any City network or drive. Transparency Written language, videos and images produced by generative AI must be labeled, ensuring consumers are aware of its origin to maintain transparency and the public’s trust in City operations. Users are responsible for ensuring all AI-generated content is properly labeled before distribution. Training and Awareness City employees using generative AI must undergo training to understand their capabilities and limitations before use. City employees using generative AI must review and acknowledge this Policy before use. Ongoing education and support resources will be provided to ensure employees stay informed about the latest developments and best practices in generative AI. Continuous Monitoring AI is a rapidly changing technology. This Policy will be reviewed on a quarterly basis and updated as needed to address emerging challenges. The AI Taskforce, comprising members from the IT department and relevant stakeholders, may regularly audit generative AI work product for inherent biases, accuracy, and adherence to the City's AI principles. Levels of AI Involvement Generative AI is used for various reasons like efficiency, automating tasks and brainstorming. When properly guided by ethical principles, AI can boost human capabilities and address complex problems. However, misuse of this technology risks amplifying bias, unethical behaviors and other harms. To help guide appropriate generative AI use, the City recognizes four levels of AI integration in the creation of work products. Each level is characterized by the degree of generative AI contribution and the role of human input and revision. 1. Assistant (AI contributes 25% or less) Generative AI provides support like spell check, sentence structure suggestions, and brainstorming. 91 Jufn!8/ The user is the primary contributor to the final work product. The user must input prompts into the AI system to receive output. Example: Using generative AI to brainstorm program names and suggest revisions to sentence structure and spelling. 2. Collaborator (AI contributes 50%) Generative AI and humans share equal responsibility in generating ideas and contributing to the final output. The user must input prompts into the AI system to receive output. Example: Using generative AI to help write a staff report by uploading your notes and the report template, then reviewing and editing the AI-generated report. 3. Generator (AI contributes 75%) Generative AI is the primary creator of the draft output, with minimal human revisions before finalization. The user must input prompts into the AI system to receive output. Example: Using generative AI to render images for new public art, providing direction to the AI system, but making little to no edits to the AI output. 4. Automator (AI contributes 100%) Generative AI is the sole creator of final outputs, with little to no human revisions before release. The generative AI system is designed to take action without human input (automated AI input and output). Requires rigorous review and oversight procedures to ensure accuracy and compliance with the AI use principles. The City does not currently utilize generative AI to automate processes. Example: Staff created an automated translation system where generative AI converts all City web content into the top languages spoken locally. The AI system posts the translations to the webpage without review, and staff audit the AI system weekly for accuracy and adherence to AI use principles. By understanding these integration levels, you can better evaluate the appropriate use of generative AI in your work. This ensures proper oversight and review based on the level of AI contribution. If you have any questions or need further guidance, do not hesitate to reach out to your supervisor or IT. Detailed Use Procedure This Detailed Use Procedure provides specific best practices and guidelines for City employees using generative AI in their daily work. It is essential to note that the Detailed Use Procedure should always 92 Jufn!8/ be used in conjunction with the Ethical Use Principles. The Ethical Use Principles serve as the foundation for responsible generative AI use, while the Detailed Use Procedure provides practical guidance for day-to-day generative AI use. Decision making: fact check and review all AI-generated content While generative AI can rapidly produce content, the information and content might be inaccurate, outdated, or simply made up. The user inputting the prompt is responsible for verifying that the information produced by the generative AI system is accurate by independently researching claims made. What to look for: Inaccurate information including links and references to events or facts. Bias in the positions or information. We must ensure that people are not harmed by these technologies and consider how they could be portrayed or impacted by the content. Examples by AI Level: Assistant Level (AI contributes 25% or less) DO: DON'T: A Park and Rec employee utilizes generative AI A Park and Rec employee utilizes generative AI to quickly populate 10 program names for a to quickly populate 10 program names for a new summer program. They review all the new summer program. In a rush, they quickly names on the list and choose one that clearly copy and paste the first generated name describes the program. without close review. Later, staff realize the program name is confusing and does not describe what the program is about. Collaborator Level (AI contributes 50%) DO:DON'T: A Park and Rec employee utilizes generativeAI A Park and Rec employee utilizes generative AI to help draft an announcement post for a new to help draft an announcement post for a new summer program. They thoroughly review the summer program. Staff do not closely review post to correct any factual errors, like program the AI-generated post before releasing the dates and pricing before publishing. details. Staff start receiving calls that the program dates and pricing are wrong. Data protection: only public and nonidentifiable data may be fed into AI Data privacy risks must be minimized when using generative AI. Inputs such as written prompts, voice prompts, uploaded documents, and City networks synced to a generative AI system could be utilized by the companies powering these AI systems to train their models. Therefore, it is imperative that any data containing personally identifiable information (PII), private/nonpublic data and confidential data be removed before being inputted into the AI system. 93 Jufn!8/ City staff, contractors, and elected officials must adhere to the Minnesota Data Practices Act, which mandates the protection of government data. This ensures that all data handling complies with legal standards and maintains the confidentiality and integrity of sensitive information. It is forbidden to give AI access to any city network or drive. What to look for: Names Home/work addresses Phone numbers Email addresses Socioeconomic details Specific dates of birth Private/not public data (defined by the Data Practices Act) Confidential Data (defined by the Data Practices Act) Examples by AI Level: Collaborator Level (AI contributes 50%) DO: DON'T: A public health employee wants to use an AI A public health employee wants to use an AI system to better understand community system to better understand community medical needs. They prompt AI only medical needs. They upload detailed electronic aggregated, anonymized data about general health records with patients' names, contact health statistics for the area. No individual info, medication history and other protected patient data is included. details without consent, violating the public’s trust, Data Practices Act and federal law. Transparency: disclose that AI was used to generate content Transparency promotes accountability and provides information for the public about what the City is doing. As generative AI develops, it could become difficult to differentiate between human and AI- generated content. This is especially true for images and videos. To aid in transparency, users must reference the use of generative-AI in the footer of the document or imbedded in the image/video. An exception to this requirement is when generative AI is used at the Assistant level, such as for spell checking or basic grammar suggestions, as these tools are already widely used and do not significantly impact the content's creation. 94 Jufn!8/ How to disclose: Documents: Include a footer stating, "This document was created with the assistance of \[AI system name and version\] and reviewed for accuracy by \[staff name and title\]." Images:Embed a small text line in the bottom corner of the image stating, "Image rendered by \[AI system name\] and reviewed for accuracy by \[staff name and title\]." Videos:Include a disclaimer at the beginning or end of the video stating, "This video was created with the assistance of \[AI system name\] and reviewed for accuracy by \[staff name and title\]." Examples by AI Level: Generator Level (AI contributes 75%) DO: DON'T: Public Worksuses Dall-E to generate an image Public Works uses Dall-E to generate an image depicting what a proposed development depicting what a proposed development project could look like near Moore Lake. The project could look like near Moore Lake. The engineer embeds a small text line on the engineer does not indicate the images were AI- bottom corner of the image stating, "Image generated. This misleads residents into thinking rendered by Dall-E \[version\] and reviewed for the images are the final project renderings accuracy by \[staff name, title\].” This makes it created without community input. clear to residents these images are only examples, not final project renderings. Automator Level (AI contributes 100%) DO: DON'T: The City uses ChatGPT-4o to automatically The City uses ChatGPT-4o to automatically translate all public facing City content into the translate all public facing City content into the top local languages. All the translations contain top local languages. The translations do not the disclosure “These translations were created indicate AI System ChatGPT was used to using ChatGPT-4o and reviewed for accuracy by automatically translate the documents. This \[staff name\]” and a contact number on who to leaves residents feeling confused and frustrated reach to report translation errors. because they were not informed an AI System was used for the translation. Other City Policies Staff must use generative AI and/or AI systems in accordance with all City acceptable conduct and acceptable use policies. Use of these technologies to create content that is inappropriate, discriminatory or otherwise harmful to others or the City may result in disciplinary action, up to and including termination. 95 Jufn!8/ Definitions Artificial intelligence (AI): Technologies that are capable of imitating intelligent human behavior and taking actions to achieve specific goals. AI may include machine learning, natural language processing, computer vision, predictive analytics, etc. AI system: A software that uses algorithms, data, computing infrastructure, and policies to generate content that simulates human intelligence. Examples include large language models like ChatGPT, Claude, Copilot and Gemini. AI Integration Level: Describe the degree of contribution AI has in final output: Assistant - Human is the primary contributor to the final work product, with AI systems providing support like spell check, sentence structure and brainstorming. Human must input prompts into AI system to receive output. AI use contributed to 25% or less of the final work product. Collaborator - AI and human share joint responsibility in generating ideas and contributing to the final output. Human must input prompts into AI system to receive output. AI use contributed to 50% of the final work product. Generator - AI is the primary creator of the draft output, with slight human revisions before finalization. Human must input prompts into AI system to receive output. AI use contributed to 75% of the final work product. Automator - AI is the sole creator of final outputs, with little to no human revisions before release. AI system is designed to take action without human input. Automated AI input and output. AI use contributed to 100% of the final work product. Generative AI: A class of AI systems that can generate new content such as text, images, audio, and video that simulates human intelligence using prompts. Prompts: A specific instruction, question, input provided, or documents uploaded to an AI system, intended to guide its response or action. Prompts act as cues to the AI, helping it understand the desired context or objective of the user's request. Public Data: All government data collected, created, received, maintained or disseminated by a government entity is public unless classified differently by statute, or temporary classification per Minnesota Statutes § 13.03, subd. 1. Data Practices Act: In reference to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Chapter 13 classifies official records and government data and provides rights for members of the public and data subjects to access data. Official Records Act: In reference to the Minnesota Statutes § 15.17 which requires government entities to "make and preserve all records necessary to a full and accurate knowledge of their official activities.” 96 Jufn!8/ Questions If you have questions about the information shared in this Policy, please contact your immediate supervisor or Employee Resources. Acknowledgement I understand, acknowledge, and agree to the terms of this Policy. Further, I understand, acknowledge, and agree that violation of this Policy in any capacity may result in disciplinary action, up to and including termination. Date: Signature: 97 Jufn!8/ Appendix –Approved Usage of Generative AI Flow Chart 98 Jufn!8/ Use Examples: Dos and Don’ts: These are some suggestions on the kinds of uses that could be particularly useful for City uses. By encouraging responsible experimentation, we are hoping to expand the potential uses while minimizing risks. Drafting documents or letters: Generative AI provides a great opportunity to get started on a memo, letters, and job descriptions. Note that when creating a prompt for an AI system for this context, it can consider including any specific format preferences such as essay, bullet points, outline or dialogue. Additionally, you can request the use of specific keywords or phrases, or technical terms to be included or avoided in the response. This will help the AI system provide you with a more tailored and efficient response to your request. Example: generate guidelines for the use of ChatGPT at the City of Fridley Example: write a letter requesting support for funding digital equity initiatives in the next budget session. Example: you can ask Copilot to generate letters that express points of view specified in the prompt. This might allow you to understand an issue from different perspectives. Example: You can ask generative AI to help you write a more effective version of a prompt. You can say “help me write a better prompt to \[insert the initial objective of the prompt\]”. DOS: 1. Try to be specific in the prompt. If you give more context, the answer becomes more relevant. 2. Edit and review the content. Regardless of how the content was authored, you and the City will bear responsibility over its use in the public. 3. Be mindful of potential biases in the AI system’s response. Review content closely for inclusivity and respect. DON’TS: 1. Do not include private/nonpublic, confidential nor personally identifiable information in the prompt. 2. Do not rely on generative AI to provide accurate answers. 3. Do not rely on someone else to review the AI output for accuracy. The user is responsible for ensuring and data, statements of fact, etc. produced by the AI system are verified. Drafting Content In Plain Language Generative AI can help you write clearer and simpler language. You can use the prompt to indicate the reading level or audience for a text. 99 Jufn!8/ Example: use an AI System to write a version of the Declaration of Independence of the United States for a person in elementary school. Example: use tools such as Grammerly, Wordtune or others to modify a sentence. These tools often allow you to optimize for the length of the sentence, or the audience. DOs: 1. Specify in the prompt if you have a specific audience in mind. 2. Try different prompts, or request different versions of the same sentence until you find what works best. 3. You can pass the output of the text by a readability app that can identify challenging sentences, as well as the reading level for the text. DON'TS: 1. Do not include private/nonpublic, confidential nor personally identifiable information in the prompt. 2. Rely on the AI system using language that is inclusive and respectful. Drafting Content In Other Languages Generative AI can help you draft communications in another language. It is not well documented the extent to which ChatGPT and other models can use other languages, but users report over 50 languages being available for ChatGPT, including some Native American languages. Example: use ChatGPT to translate these guidelines into Spanish and French, just ask “translate \[your text\] into Spanish and French.” Example: you can ask generative AI in what language some text is written in, just ask “what language is \[original language\] written in?” DOS: 1. Try different languages. ChatGPT and other AI systems were trained using text from many languages. 2. You can also ask generative AI to perform similar tasks as the ones in this document in other languages, such as summarizing text, etc. DON'TS: 1. Do not include private/nonpublic, confidential nor personally identifiable information in the prompt. 2. Do not use content generated in a language you do not understand before consulting LanguageLine. You still need to check for accuracy, bias, etc. Summarizing Text/Audio 9: Jufn!8/ Generative AI does a great job of summarizing longer pieces of text into summaries. If you have a few pages that you want to condense into a few bullet points, or you have been struggling with converting a long set of notes into a paragraph, these tools could be very helpful. Example: copy notes taken from a meeting to generate a short summary of the meeting. Example: summarize citizen comments in response to an engagement Example: write a paragraph summary of a 5-page report. Example: use the transcript tools in OneNote to transcribe audio into text. You can then summarize the text further using generative AI. This summarization is included in some of these tools. DON’TS: 1. Do not include private/nonpublic, confidential nor personally identifiable information in the prompt: make sure you have deleted that information from your notes or other inputs. 2. If you plan on making a decision based on the summary, you should read the entire document(s) to make sure you did not miss or miss characterized the original document. 3. Be aware that the resulting summary might have biases as it will tend to present language that is more frequent in the data used to train the model. You can use changes to the prompt to enhance the results by suggesting that the result incorporates perspectives from marginalized groups. Coding/Programming Generative AI can be great at producing snippets or even help you build more complex components of code. Example: write code in Python that extracts tables in a PDF into a Pandas data frame. This can make it possible for less technical people, including interns and student workers, to get to work on technical projects. DOS: 1. Explore new languages and libraries - but you should understand the code and read the documentation of the relevant components before using it. 2. You might have to adjust parameters, and your environment to make the suggestions from the AI model work. Generative AI can help you get started, but often you will have to edit before the code works. DON’TS: 1. Do not include private/nonpublic, confidential or personally identifiable information in the prompt. As in development best practices: do not include passwords, confidential keys, or other proprietary information in your code or in the prompts. 2. You should understand what the code is doing before using it in production. :1 Jufn!8/ 3. You should understand the use of new libraries and dependencies, and become familiar with vulnerabilities and other security considerations of using a language or a library. Images, Audio, and Videos Generative AI can produce images,audio, and videos based on prompts. This can supportthe creation of appealing or insightful communication resources. Example: make an image in a modern style that encourages a diverse population of residents to vote. Example: create a training video that shows residents how to schedule a bulky item pick- up, by providing the script of the video. Example: write a jingle or song to remind viewers to switch to 100% renewable energy. DOS: 1. Visual, audio and video communication can be a powerful tool to communicate with others and get across a message. Generative AI can empower you to use these tools beyond your artistic skills. 2. Use generative AI as a tool to create drafts or mockups that allow you to communicate more effectively with graphic designers, videographers, and other creative workers. 3. Contact the Communication Division about the image, audio, or video before publishing or using it. They have expertise on best practices in accessibility, branding, etc. 4. Engaging with members of community organizations that represent groups that might be referenced or impacted by this content. Getting their perspective, in a respectful way, can help you identify when content might be hurtful, discriminatory, or misinterpreted. DON’TS: 1. Do not include private/nonpublic, confidential nor personally identifiable information in the prompt. Make sure you have deleted that information from your notes or other inputs. Some examples could include people’s faces, people’s voices, their identifications, license plates, etc. Particularly, those who have not provided their consent. 2. Do not assume outputs of the generative AI will not be offensive or harmful towards people. 3. Do not publish AI generated images, audio, video without indicating in the output the AI was used. 4. Do not publish visual, audio and video communication created with AI use without ensuring the content adheres to the City’s Brand Guidelines. Examples were modified using the City of Boston Interim Guidelines Policy (City of Boston, 2023) :2 Jufn!8/ Resources & Training You can contact IT to learn more about generative AI. The AI taskforce has compiled third-party generative AI Use guides for training purposes. Please note the City is not responsible for content on third-party websites. League of Minnesota Cities: LMC Minnesota Cities: Jan-Feb 2024 Cities and Artificial Intelligence (AI): What You Should Know ChatGPT: What Mayors and Managers Must Know Fall Forum: Artificial Intelligence (must sign in using Memberlearn) Harvard University Information Technology AI Use Cases: Text AI Use Cases: Image generation :3 Jufn!9/ AGENDA REPORT Meeting Date:July 8, 2024 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Resolution No. 2024-92,Approving Claims for the Period Ending July 3, 2024 Background Attached is Resolution No. 2024-92and the claims report for the period endingJuly 3, 2024. Financial Impact Included in the budget. Recommendation Staff recommend the approval of Resolution No. 2024-92, Approving Claims for the Period Ending July 3, 2024. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2024-92, Approving Claims for the Period Ending July 3, 2024 City Council Claims Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. :4 Jufn!9/ Resolution No. 2024-92 Approving Claims for the Period Ending July 3, 2024 Whereas, Minnesota Statute § 412.271 generally requires the City Council to review and approve claims for goods and services prior to the release of payment; and Whereas, a list of such claims for the period ending July 3, 2024, was reviewed by the City Council. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the payment of the claims as presented. th Passed and adopted by the City Council of the City of Fridley this 8 day of July, 2024. _______________________________________ Scott J. Lund - Mayor Attest: Melissa Moore City Clerk :5 Bank Transaction Report City of Fridley, MN Issued Date Range: 06/21/2024 - 07/03/2024 IssuedCleared DateDate NumberDescriptionModuleStatusType Bank Draft 5/27/202405/31/2024DFT0005055US BANK (P-CARDS)Accounts PayableClearedBank Draft 06/21/2024DFT0005031EMPOWER RETIREMENT (for MN/MSRS)Accounts PayableOutstandingBank Draft 06/21/2024EMPOWER RETIREMENT (for MN/MSRS)Accounts PayableOutstandingBank Draft DFT0005032 06/21/2024CITY OF FRIDLEY-MISSION SQUARE-457 Def.CompAccounts PayableOutstandingBank Draft DFT0005033 06/21/2024CITY OF FRIDLEY-MISSION SQUARE-457 Def.CompAccounts PayableOutstandingBank Draft DFT0005034 06/21/2024CITY OF FRIDLEY-MISSION SQUARE RHS Retiree Health SaAccounts PayableOutstandingBank Draft DFT0005036 06/21/2024OPTUM BANK (HSA)Accounts PayableOutstandingBank Draft DFT0005038 06/21/2024OPTUM BANK (HSA)Accounts PayableOutstandingBank Draft DFT0005039 06/21/2024PERA - PUBLIC EMPLOYEESAccounts PayableOutstandingBank Draft DFT0005040 06/21/2024PERA - PUBLIC EMPLOYEESAccounts PayableOutstandingBank Draft DFT0005041 06/21/2024PERA - PUBLIC EMPLOYEESAccounts PayableOutstandingBank Draft DFT0005042 06/21/2024CITY OF FRIDLEY-MISSION SQUARE RHS Retiree Health SaAccounts PayableOutstandingBank Draft DFT0005043 06/21/2024CITY OF FRIDLEY-MISSION SQUARE RHS Retiree Health SaAccounts PayableOutstandingBank Draft DFT0005044 06/21/2024CITY OF FRIDLEY-MISSION SQUARE RHS Retiree Health SaAccounts PayableOutstandingBank Draft DFT0005045 06/21/2024CITY OF FRIDLEY-MISSION SQUARE Roth IRAAccounts PayableOutstandingBank Draft DFT0005046 06/21/2024BENEFIT RESOURCE LLC - BPA/VEBAAccounts PayableOutstandingBank Draft DFT0005047 06/21/2024INTERNAL REVENUE SERVICE - PAYROLL TAXESAccounts PayableOutstandingBank Draft DFT0005048 06/21/2024INTERNAL REVENUE SERVICE - PAYROLL TAXESAccounts PayableOutstandingBank Draft DFT0005049 06/21/2024MINN DEPT OF REVENUE - PAYROLL TAXAccounts PayableOutstandingBank Draft DFT0005050 06/21/2024INTERNAL REVENUE SERVICE - PAYROLL TAXESAccounts PayableOutstandingBank Draft DFT0005051 06/25/2024US BANK (P-CARDS)Accounts PayableOutstandingBank Draft DFT0005056 06/26/2024INTERNAL REVENUE SERVICE / US TREASURYAccounts PayableOutstandingBank Draft DFT0005085 07/01/2024SVAP II FRIDLEY MARKET LLCAccounts PayableOutstandingBank Draft DFT0005063 07/01/2024HEALTH PARTNERSAccounts PayableOutstandingBank Draft DFT0005068 Bank Draft Total: (23) Bank Draft Reversal 06/24/2024DFT0005059INTERNAL REVENUE SERVICE - PAYROLL TAXESAccounts PayableOutstandingBank Draft Reversal Bank Draft Reversal Total: (1) Check 06/21/202406/18/202439PayrollClearedCheck 06/26/2024ADVANCE AUTO PARTS / CARQUESTAccounts PayableOutstandingCheck 06/26/2024ALL AUTO GLASS INCAccounts PayableOutstandingCheck 06/26/2024ALLIED BLACKTOP COAccounts PayableOutstandingCheck 06/26/2024AMERICAN SOLUTIONS FOR BUSINESSAccounts PayableOutstandingCheck 06/26/2024ANOKA COUNTY ATTORNEYAccounts PayableOutstandingCheck 06/26/2024ASPEN MILLS INCAccounts PayableOutstandingCheck 7/3/2024 10:39:19 AM Bank Transaction Report IssuedCleared DateDateNumberDescriptionModuleStatusType 06/26/2024AUTONATION FORD WHITE BEAR LAKEAccounts PayableOutstandingCheck 06/26/2024BEISSWENGER'S HARDWAREAccounts PayableOutstandingCheck 06/26/2024BOB'S HEATING & AIR CONDITIONINGAccounts PayableOutstandingCheck 06/26/2024BOLTON & MENK INCAccounts PayableOutstandingCheck 06/26/2024CENTERPOINT ENERGY-MINNEGASCOAccounts PayableOutstandingCheck 06/26/2024CLOUD CONTENTS INCAccounts PayableOutstandingCheck 06/26/2024COON CREEK WATERSHED DISTRICTAccounts PayableOutstandingCheck 06/26/2024FAUL PSYCHOLOGICAL PLLCAccounts PayableOutstandingCheck 06/26/2024FINANCE AND COMMERCE INCAccounts PayableOutstandingCheck 06/26/2024FIRE SAFETY USAAccounts PayableOutstandingCheck 06/26/2024FLAGSHIP RECREATION LLCAccounts PayableOutstandingCheck 06/26/2024FLEET PRIDE TRUCK & TRAILER PARTSAccounts PayableOutstandingCheck 06/26/2024FLEXIBLE PIPE TOOL COAccounts PayableOutstandingCheck 06/26/2024GRAINGERAccounts PayableOutstandingCheck 06/26/2024GUNDERSON, PETERAccounts PayableOutstandingCheck 06/26/2024HAWKINS INCAccounts PayableOutstandingCheck 06/26/2024HOISINGTON KOEGLER/HKGIAccounts PayableOutstandingCheck 06/26/2024KATH FUEL OIL SERVICEAccounts PayableOutstandingCheck 06/26/2024KENNEDY & GRAVEN CHARTEREDAccounts PayableOutstandingCheck 06/26/2024LAKE RESTORATION INCAccounts PayableOutstandingCheck 06/26/2024LANO EQUIPMENT INCAccounts PayableOutstandingCheck 06/26/2024LENNES, DEVINAccounts PayableOutstandingCheck 06/26/2024MARTIN MARIETTAAccounts PayableOutstandingCheck 06/26/2024METRO GARAGE DOOR/WINTER INDUSTRIES LLCAccounts PayableOutstandingCheck 06/26/2024MINN ITAccounts PayableOutstandingCheck 06/26/2024MINNEAPOLIS SAW INCAccounts PayableOutstandingCheck 06/26/2024NEW BRIGHTON, CITY OFAccounts PayableOutstandingCheck 06/26/2024NORTHERN TOOL & EQUIPMENTAccounts PayableOutstandingCheck 06/26/2024ON SITE COMPANIESAccounts PayableOutstandingCheck 06/26/2024PIONEER RIM & WHEEL COMPANYAccounts PayableOutstandingCheck 06/26/2024READY WATT ELECTRICAccounts PayableOutstandingCheck 06/26/2024RED RIVER FLAGSAccounts PayableOutstandingCheck 06/26/2024ROCK SOLID LANDSCAPE & IRRIGATIONAccounts PayableOutstandingCheck 06/26/2024STANDARD SIDEWALK INCAccounts PayableOutstandingCheck 06/26/2024STANTEC CONSULTING SERVICES INCAccounts PayableOutstandingCheck 06/26/2024SUN BADGE COAccounts PayableOutstandingCheck 06/26/2024UHL COMPANYAccounts PayableOutstandingCheck 06/26/2024VESTISAccounts PayableOutstandingCheck 06/26/2024XCEL ENERGYAccounts PayableOutstandingCheck 06/26/2024PAUL VOLKERUtility BillingOutstandingCheck 06/28/2024MINN STATE BOARD OF ASSESSORSAccounts PayableOutstandingCheck 07/03/2024ANOKA COUNTY ATTORNEYAccounts PayableOutstandingCheck 07/03/2024ANOKA COUNTY PROP RECORDS/TAXATIONAccounts PayableOutstandingCheck 7/3/2024 10:39:19 AM Bank Transaction Report IssuedCleared DateDateNumberDescriptionModuleStatusType 07/03/2024ANOKA COUNTY TREASURY OFFICEAccounts PayableOutstandingCheck 07/03/2024ASPEN MILLS INCAccounts PayableOutstandingCheck 07/03/2024AUTONATION FORD WHITE BEAR LAKEAccounts PayableOutstandingCheck 07/03/2024BATTERIES PLUSAccounts PayableOutstandingCheck 07/03/2024BEISSWENGER'S HARDWAREAccounts PayableOutstandingCheck 07/03/2024BERGERSON-CASWELL INCAccounts PayableOutstandingCheck 07/03/2024CE CONTRACTAccounts PayableOutstandingCheck 07/03/2024CENTERPOINT ENERGY-MINNEGASCOAccounts PayableOutstandingCheck 07/03/2024COMCAST/XFINITYAccounts PayableOutstandingCheck 07/03/2024COMMERCIAL STEAM TEAM INCAccounts PayableOutstandingCheck 07/03/2024CUSTOMIZED FIRE RESCUE TRAININGAccounts PayableOutstandingCheck 07/03/2024DALCO/IMPERIAL DADEAccounts PayableOutstandingCheck 07/03/2024EBERT COMPANIESAccounts PayableOutstandingCheck 07/03/2024FIRE SAFETY USAAccounts PayableOutstandingCheck 07/03/2024FLAGSHIP RECREATION LLCAccounts PayableOutstandingCheck 07/03/2024FLEET PRIDE TRUCK & TRAILER PARTSAccounts PayableOutstandingCheck 07/03/2024GERTENS GREENHOUSE INCAccounts PayableOutstandingCheck 07/03/2024GREENHAVEN PRINTINGAccounts PayableOutstandingCheck 07/03/2024GROTH SEWER & WATER LLCAccounts PayableOutstandingCheck 07/03/2024HEALTHSOURCE SOLUTIONS LLCAccounts PayableOutstandingCheck 07/03/2024HOME DEPOT CREDIT SERVICESAccounts PayableOutstandingCheck 07/03/2024JONES, RICHARDAccounts PayableOutstandingCheck 07/03/2024LEPAGE & SONSAccounts PayableOutstandingCheck 07/03/2024LOFFLER COMPANIES-131511Accounts PayableOutstandingCheck 07/03/2024LONG RUN LEADERSHIP CONSULTINGAccounts PayableOutstandingCheck 07/03/2024MATZICK, MEGANAccounts PayableOutstandingCheck 07/03/2024MIDWEST MACHINERY/MINNESOTA AG POWER INCAccounts PayableOutstandingCheck 07/03/2024MINN DEPT OF FINANCEAccounts PayableOutstandingCheck 07/03/2024MINN FIRE SERVICE CERT BOARDAccounts PayableOutstandingCheck 07/03/2024MINNEAPOLIS SAW INCAccounts PayableOutstandingCheck 07/03/2024MINNESOTA METRO NORTH TOURISM BUREAUAccounts PayableOutstandingCheck 07/03/2024MINNESOTA ROADWAYSAccounts PayableOutstandingCheck 07/03/2024MODERN PIPING INCAccounts PayableOutstandingCheck 07/03/2024NFP INSURANCE SERVICES INCAccounts PayableOutstandingCheck 07/03/2024NORTHLAND CONCRETE & MASONRY COMPANYAccounts PayableOutstandingCheck 07/03/2024NORTHWEST SAFETY CLEANAccounts PayableOutstandingCheck 07/03/2024PARK CONSTRUCTION COMPANYAccounts PayableOutstandingCheck 07/03/2024Q3 CONTRACTING INC / PSCAccounts PayableOutstandingCheck 07/03/2024QUADIENT FINANCE USA INCAccounts PayableOutstandingCheck 07/03/2024RED RIVER FLAGSAccounts PayableOutstandingCheck 07/03/2024ROCK SOLID LANDSCAPE & IRRIGATIONAccounts PayableOutstandingCheck 07/03/2024SPRING LAKE PARK FIRE DEPT - SBMAccounts PayableOutstandingCheck 07/03/2024STREICHER'SAccounts PayableOutstandingCheck 7/3/2024 10:39:19 AM Bank Transaction Report IssuedCleared DateDateNumberDescriptionModuleStatusType 07/03/2024TAHO SPORTSWEARAccounts PayableOutstandingCheck 07/03/2024TOUCHSTONE MENTAL HEALTHAccounts PayableOutstandingCheck 07/03/2024TRI-STATE BOBCAT INCAccounts PayableOutstandingCheck 07/03/2024VALENCIA, SAMANTHAAccounts PayableOutstandingCheck 07/03/2024VALLEY-RICH CO INCAccounts PayableOutstandingCheck 07/03/2024VESTISAccounts PayableOutstandingCheck 07/03/2024WARGO NATURE CENTERAccounts PayableOutstandingCheck 07/03/2024WSB & ASSOCIATES INCAccounts PayableOutstandingCheck 07/03/2024BOLIN, PAULAccounts PayableOutstandingCheck 07/03/2024FABER, PATRICKAccounts PayableOutstandingCheck 07/03/2024FISCHER, KARENAccounts PayableOutstandingCheck 07/03/2024GNADKE, OLIVIAAccounts PayableOutstandingCheck 07/03/2024HELLEGERS, BECCAAccounts PayableOutstandingCheck 07/03/2024JOHNSON, KORRIEAccounts PayableOutstandingCheck 07/03/2024KNAEBLE, NICHOLASAccounts PayableOutstandingCheck 07/03/2024KONDRICK, BETHAccounts PayableOutstandingCheck 07/03/2024LANGE, JAMESAccounts PayableOutstandingCheck 07/03/2024MONSRUD, STEVENAccounts PayableOutstandingCheck 07/03/2024MOORE, MELISSAAccounts PayableOutstandingCheck 07/03/2024STARKS, JOEAccounts PayableOutstandingCheck 07/03/2024STROMBERG, STACYAccounts PayableOutstandingCheck 07/03/2024TIREVOLD, GREGAccounts PayableOutstandingCheck 07/03/2024TODD, ANDREWAccounts PayableOutstandingCheck 07/03/2024WORKIN, RACHELAccounts PayableOutstandingCheck 07/03/2024ZIKMUND, MADDISONAccounts PayableOutstandingCheck Check Total: (118) Check Reversal 06/24/2024Reverse Refund Check MOORE LKE OFFPRK C#42Utility BillingOutstandingCheck Reversal Check Reversal Total: (1) EFT 06/21/2024945FRIDLEY POLICE ASSOCIATION-PY onlyAccounts PayableOutstandingEFT 06/21/2024FRIDLEY-IAFF DUES/INTL ASSOC/FIRE FIGHTERSAccounts PayableOutstandingEFT 946 06/21/2024Payroll EFTPayrollOutstandingEFT EFT0000217 EFT Total: (3) Report Total: (146) 7/3/2024 10:39:19 AM Bank Transaction Report Bank AccountCountAmount 146-1207034.79 0000100479 City of Fridley Report Total:146-1207034.79 Cash AccountCountAmount **No Cash Account**10 999 999-101100 Cash in Bank - CITY Pooled Cash 145-1207034.79 Report Total:146-1207034.79 Transaction TypeCountAmount Bank Draft23-374064.62 Bank Draft Reversal1273.82 Check118-400529.86 Check Reversal183.96 EFT3-432798.09 Report Total:146-1207034.79 7/3/2024 10:39:19 AM Jufn!:/ AGENDA REPORT Meeting Date:July 8, 2024 Meeting Type:City Council Submitted By:Scott Hickok, Community Development Director Title Resolution No. 2024-96, Approving Public Art Agreement City of Fridley, Rice Creek Watershed District, and Jessica Turtle Background The City of Fridley(City)has had the good fortune of a contribution of $6,000 from the Rice Creek Watershed District(RCWD), which will be combined with an additional private contribution of $10,000 from Mary Tjosvold., Owner of Crooners to allow Jessica Turtle (Artist) to create a water themed piece of art to be installed in the newly renovatedMoore Lake Park. An agreement between the RCWD, the Artist, and the City has been prepared by all parties and has been included in your packet for review. Once approved, the Artist will prepare concepts to be reviewed by thePublicArts Commission, who will then make a recommendation to the City Council for the final art piece to be placed. This is an exciting time for the RCWD, the City, the Artist, and our newly formed Public ArtsCommission. Financial Impact Absorbed. Recommendation Staff recommend the approval of Resolution No. 2024-96, Approving Public Art Agreement City of Fridley, Rice Creek Watershed District,and Jessica Turtle. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods &Places X Community Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 212 Jufn!:/ Attachments and Other Resources !Resolution No. 2024-96 !Public Art Agreement City of Fridley, Rice Creek Watershed District, and Jessica Turtle Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 213 Jufn!:/ Resolution No. 2024-96 Approving an Agreement Between the City of Fridley, Rice Creek Watershed District, and Jessica Turtle Whereas, the City of Fridley has begun its work on its Public Art Initiative; and Whereas, the Rice Creek Watershed District has agreed to Fund a portion ($6,000) of an art installation in the newly renovated Moore Lake Park; and Whereas, the Rice Creek Watershed District, the City of Fridley, and Artist Jessica Turtle has set the terms of an agreement for service to prepare and install the art; and Whereas, the agreement has been reviewed by legal counsel for the parties; and Whereas, the City Council approves the agreement attached this evening accompanying this resolution of approval; and Whereas, the terms have been reviewed and approved by the City Council as written. Now, Therefore Be It Resolved, that the City Council of the City of Fridley approves the attached Resolution No. 2024-96, approving an agreement between the City of Fridley, the Rice Creek Watershed District, and Jessica Turtle for the creation and installation of art in Moore Lake Park. Passed and adopted by the City Council of the City of Fridley this 8th day of July, 2024. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 214 Jufn!:/ PUBLIC ART AGREEMENT CITY of FRIDLEY, RICE CREEK WATERSHED DISTRICT and JESSICA TURTLE Moore Lake Artwork Installation This agreement is entered into by the City of Fridley, a home-rule charter city of the State of Watershed District, a public body with powers set forth at -themed Artwork for long-term outdoor display at Moore Lake Park, a public park owned and maintained by CITY. In consideration of the terms and conditions set forth herein and the mutual exchange of consideration, the sufficiency of which hereby is acknowledged, City, District and Artist agree as follows: 1. Scope of Work ARTIST will determine the artistic expression, design, dimensions and materials of the Artwork, subject to review and acceptance by CITY and DISTRICT, as set forth in this Agreement. ARTIST will prepare three conceptual designs with concept-level budgets. On selection by CITY and DISTRICT, ARTIST will prepare a design and budget for CITY and DISTRICT concurrence. ARTIST will create the artwork and will coordinate with CITY on installation. The more specific terms for selection and creation of the artwork are as follows: a. Site and Concept Review. ARTIST, CITY and DISTRICT will meet at the installation site to review options for location and orientation of Artwork. CITY and DISTRICT will communicate their interests in the form of the Artwork and the purposes that they wish to achieve in its creation and display. CITY will supply ARTIST with the specific location of the artwork, and information that bears on ensuring Artwork is compatible with the site with respect to public access and safety, security of Artwork, installation and maintenance, and other relevant considerations. The Artwork must be durable for its outdoor location and its presence in an unsecured public space exposed to elements such as weather, temperature variation, and considerable movement of people and equipment. ARTIST will ensure that maintenance requirements are reasonable in time and expense. b. Conceptual Design. Within 60 days from the date of this agreement, ARTIST will submit to CITY and DISTRICT up to three conceptual designs with concept-level budgets of about $16,000. Each design will include: (i) A sketch (in plan and elevation); proposed materials and samples, colors, finishes, textures and patinas; the orientation of the Artwork relative to the site and a written expressed. (ii) A budget for the cost of design, materials, fabrication, insurance, transportation and installation of th 1 215 Jufn!:/ profit. The budget will represent the entire amount to be paid to ARTIST by CITY and DISTRICT. CITY and DISTRICT will consult internally, with each other and, as needed, with ARTIST to select a conceptual design. If CITY and DISTRICT are unable to select a conceptual design, they may by written notice terminate the agreement.. In this case, CITY will compensate ARTIST in the amount of $1000, and DISTRICT will reimburse CITY for $500. c. Design. Within 60 days of conceptual design selection, ARTIST will prepare the design and budget. The design will include presentation-quality materials, such as colored drawings or computer-generated color images (in plan and elevation) and/or three-dimensional models that accurately reflect the Artwork and how it will be installed at the site; mock-ups; final color and materials samples; and proposed fabrication methods. The design will fix and describe the size and character of the Artwork and its relationship to the site, including architectural, structural, mechanical and electrical systems, materials and other components as may be appropriate, and will distinguish between the Artwork and associated elements that ARTIST will produce, and any structural or other element of the installation site that CITY is responsible to prepare. The design must be of detail sufficient for CITY to conform that site and Artwork maintenance requirements are met. The design-level budget will conform to the requirements of paragraph 1.b(ii), above, but at a design level of precision. The design and budget will be approved by concurrence of CITY and DISTRICT. CITY and DISTRICT will consult internally, with each other and, as needed, with ARTIST to determine concurrence. CITY and DISTRICT each have discretion to approve, approve with revision, or reject the design, but will coordinate so that a single response is provided to ARTIST. The response will specify any requested revision to the design, with the reason for the request. If the response is to request a revision or to reject the design, the parties will consult promptly to determine whether there is a design in which the parties concur. CITY and DISTRICT will communicate in writing to ARTIST the decision reached by the parties as to the design. ARTIST will supply to CITY and DISTRICT the documents constituting the approved design. ARTIST will design the Artwork so that it may be removed and relocated without damage, destruction or other change of the Artwork. If CITY and DISTRICT are not able to approve the design and budget, they may by written notice terminate the agreement. In this case, CITY will compensate ARTIST in the amount of $1200, and DISTRICT will reimburse CITY $600. d. Creation and Installation. After construct the Artwork in accordance with the approved design and the Artwork will be ready for installation by December 1, 2024. CITY will prepare the site in accordance with the specifications detailed in the design. ARTIST will provide for the transportation of the Artwork to the site. ARTIST and CITY will coordinate on the timing of installation, the equipment required for installation, traffic or other site controls during installation, and the installation itself. Before installation, ARTIST will inspect the site to ensure that it is ready to receive the Artwork and compliant with 2 216 Jufn!:/ any specifications in the design. If it is not, ARTIST will notify CITY and CITY promptly will take necessary steps to address the concern. If ARTIST does not install the Artwork, ARTIST will supervise and approve the installation. All work, whether performed by ARTIST or CITY, will be performed by qualified professionals and licensed contractors as required by law. CITY will notify DISTRICT of installation plans so that DISTRICT may be present. A party may film, photograph or otherwise document installation and may use such documentation as the party chooses. CITY will provide and install a durable plaque on or near the Artwork containing a credit to ARTIST and a plaque is to be placed on the Artwork or on a structural element on which the Artwork rests, it will be done in consultation with ARTIST. e. Acceptance. Upon installation, CITY and DISTRICT will determine that the Artwork conforms to and has been installed in accordance with the approved design. On the concurrence of CITY and DISTRICT therein, CITY will transmit to ARTIST, in writing, an acceptance of the Artwork. f. Maintenance Manual. ARTIST will provide a maintenance manual with a description of all materials, processes and products utilized in the Artwork and the required care and upkeep involved, as well as recommended procedures for any necessary conservation. g. Outreach. After the Artwork is installed, Artist will be available with reasonable advance notice for at least one event in 2025 related to presenting the Artwork for community outreach purposes. The parties will consult to coordinate such event(s). DISTRICT will compensate ARTIST $35 to $75 per hour depending on level of involvement for outreach-related activities. 2. Payment On receipt of approved design documents under paragraph 1.c, above, CITY will transmit to ARTIST payment equal to the materials budget stated therein and 20 percent of the remaining budget amount. Within 30 days of CITY acceptance of the Artwork and receipt of the maintenance manual, CITY will transmit to ARTIST the remaining payment as stated in the approved design and DISTRICT will transmit to CITY a payment in the amount of $6,000. 3. Warranties a. Warranties of Title. ARTIST represents and warrants: (i) the artistic effort of the Artwork is solely that of ARTIST; (ii) the Artwork is unique and original and does not infringe on any copyright or the right of another; (iii) the Artwork (or duplicate thereof) has not been accepted for sale elsewhere; (iv) the Artist has not sold, assigned, transferred, licensed, granted, encumbered or used the Artwork or any element thereof or any copyright related thereto so as to impair any right granted by this Agreement; (v) the Artwork is free and clear of any lien; 3 217 Jufn!:/ (vi) the Artist has the full power to enter into and perform each term of this agreement. b. Warranties of Quality. ARTIST represents and warrants: and free from defective or inferior materials and workmanship (including any defects eterioration of the Artwork); (ii) the materials that the Artwork contains are not currently known to be harmful to public health and safety in the manner in which they are incorporated into the Artwork; (iii) maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance manual that the ARTIST has prepared; (iv) the Artwork will maintain its physical integrity and remain materially in its installed condition for three years from the date of CITY acceptance under paragraph 1.e, above, provided that CITY maintains the Artwork in accordance with the maintenance manual. as suitable for outdoor display in the paragraph 3.b(iv) does not extend to damage to the Artwork resulting from extraordinary weather conditions, treefall, or vandalism. In the event of a failure of the paragraph 3.b(iv) warranty, CITY will give prompt notice to ARTIST and ARTIST will cure the breach promptly, satisfactorily and consistent with professional conservation standards, at no expense to CITY. If after three years the Artwork ceases to maintain its physical integrity and remain materially in its installed condition, and CITY wishes to repair or restore the Artwork, CITY will make reasonable efforts to contact ARTIST, and ARTIST will have the right of first refusal to make or supervise repair or restoration for reasonable compensation. 4. Ownership and Intellectual Property Rights a. Ownership. On CITY acceptance of the Artwork under subsection 1.e, above, CITY will take possession and exclusive ownership of the Artwork. ARTIST retains all other rights to the Artwork provided through the Copyright Act of 1976, 17 U.S.C., 101 et. seq. As the Artwork is unique, ARTIST will not make a duplicate of the Artwork, nor will ARTIST grant a third party the right to duplicate the Artwork without the written permission of CITY. For the purpose of this section 4 and of paragraph Artwork, or so nearly the same that a viewer reasonably would confuse the duplicate and the - or three-dimensional rendering of the Artwork that is not a duplicate. b. License. ARTIST grants CITY and DISTRICT, and their successors and assigns, an irrevocable royalty-free, non-exclusive license to make two-dimensional reproductions of the Artwork for use 4 218 Jufn!:/ on their websites, and in brochures, media, publicity, catalogs, and similar non-commercial publications. All such reproductions will contain a credit to ARTIST and a copyright notice in in any use of a reproduction to acknowledge CITY in substantially the fol c. Removal. CITY may remove the Artwork from public display for maintenance or for any other reason and is not obligated to replace the Artwork to the site. The following terms apply to removal: (i) CITY will attempt to remove the Artwork in a way that does not damage, alter, modify, distort or destroy the Artwork, however ARTIST recognizes removal may have such an effect. ARTIST acknowledges that this provision qualifies under 17 U.S.C. Section 113(d) so as to waive rights under 17 U.S.C. Section 106A. (ii) If, at the time of removal, it is determined that the Artwork may be removed without damage, alteration, modification, destruction, distortion or other change, CITY will give notice as required by 17 U.S.C. Section 113(d)(2) and (3). On completion of the Artwork, of Copyrights as provided under 17 U.S.C. Section 113(d)(3). ARTIST further agrees to update information with the Register of Copyrights so as to permit notification of intent to remove the Artwork. d. Alteration of Artwork. CITY will not intentionally alter, modify, change, destroy or damage the Artwork without permission from ARTIST. CITY will make reasonable efforts to avoid causing such CITY fails to maintain the Artwork in accordance with the maintenance manual, ARTIST may ARTIST from the Artwork and reproductions thereof until the Artwork is repaired or restored to e. Alteration of Installation Site. CITY will notify ARTIST of any proposed significant alteration of the immediate site that would affect the intended character and appearance of the executing any such alteration. CITY will make a reasonable effort to maintain the integrity of the Artwork. f. Relocation permission. ARTIST will not unreasonably withhold approval of relocation. If ARTIST approves relocation, ARTIST will provide CITY with written handling instructions. If ARTIST is deceased or otherwise unable to give consent, the owner of the Artwork copyright will not unreasonably withhold permission, keeping in mind the intent of ARTIST at the time of commission and fabrication. g. Disposal of the Artwork. Prior to disposing of the Artwork (i.e. selling it or giving it to a third party or throwing it away), CITY will make a reasonable attempt to notify ARTIST 5 219 Jufn!:/ of its intentions and will provide ARTIST with 30 have the right of first refusal to take back or repurchase the Artwork from CITY. Should CITY be selling the Artwork to a third party, ARTIST shall compensate CITY for the amount that CITY was to receive from the third party for the Artwork. 5. Independent Contractor ARTIST is an independent contractor under this agreement. ARTIST will select the means, method and manner of designing and creating the Artwork. Nothing herein contained is intended or is to be construed to constitute ARTIST as the agent, representative or employee of CITY or DISTRICT in any manner. 6. Duty of Care; Indemnification The parties will perform all obligations under this agreement in good faith, with reasonable promptness, and with a shared intent to achieve the purpose of the agreement in collaboration. In applying the standard of reasonable promptness, ARTIST recognizes that decisions of CITY and DISTRICT may be subject to internal procedures. Each party will perform any acts under this agreement with due care. Each party will hold the other parties, their council or board members and their employees harmless, and indemnify them, as to all third-party claims or actions, and all costs (including reasonable attorney fees), damages otherwise wrongful act or omission, or breach of a specific duty under this agreement. The indemnification obligation is not limited by a limitation on the amount or type of damages, acts or other employee benefit acts. 7. Covenants Between City and District CITY covenants, for the benefit of DISTRICT, that once accepted, the Artwork will be maintained materially in its installed condition and in its installed location for at least three years from the date of acceptance. CITY and DISTRICT covenant that they will cooperate in use of the Artwork for education and outreach efforts conducted together or by one party. 8. Records Pertaining to Fees or Costs ARTIST will provide all records pertaining to fees or costs incurred in connection with the performance of this agreement to CITY. CITY must hold and maintain records for six years from the date of Artwork acceptance. An authorized representative of CITY, DISTRICT or the state auditor may have access to and the right to examine, audit and copy any such records during normal business hours. 9. No Waiver The failure of a party to insist on the strict performance by another party of any provision or obligation under this agreement, or to exercise any option, remedy or right herein, will not waive 6 21: Jufn!:/ condition or obligation, all of which will remain in full force and affect. The waiver of a party on one or more occasion of any provision or obligation of this agreement will not be construed as a waiver of any subsequent breach of the same provision or obligation, and the consent or approval by a party to or of any act by another requiring consent or approval will not render unnecessary Notwithstanding any other term of this agreement, CITY and DISTRICT waive no immunity in tort. This agreement creates no right in a third party and, as to CITY and DISTRICT, waives no immunity, defense or liability limit with respect to any third party. 10. Allocation of Risk; Insurance ARTIST bears the risk of loss of, or damage to, design materials, the Artwork and its constituent materials until installation of the Artwork is completed, except that CITY will be responsible: (a) during such time the partly or wholly completed Artwork is installing the Artwork. Before CITY takes custody of the Artwork and before installation begins, CITY and ARTIST will concur in a written description of custody arrangements, and of installation steps and specifications, and the role of each party in these. The description will seek for roles to be distinct so that in the event of damage, responsibility is clear. At all times until the Artwork is accepted, ARTIST will have and keep in force the following insurance coverages: A.! ongoing and completed operations on an occurrence basis. B.!Automobile liability: $1.5 million combined single limit each occurrence coverage for bodily injury and property damage covering all vehicles on an occurrence basis. C.! ARTIST. ARTIST may fulfill this requirement by advising CITY and DISTRICT in writing that ARTIST is performing as an individual under this agreement and has no employees. An umbrella or excess policy may be used for a general or automobile liability limit above $1 million. ARTIST will not commence work until it has filed with CITY a certificate of insurance evidencing the required coverages and naming CITY and DISTRICT as additional insureds for general liability and, if applicable, umbrella or excess liability, along with a copy of the additional primary coverage on a noncontributory basis. The certificate will name CITY as a holder and will state that CITY will receive written notice before cancellation, nonrenewal or a change in the limit of any described policy under the same terms as ARTIST. 7 221 Jufn!:/ 11. Notices Any written communication required under this agreement to be provided in writing will be directed to the party representative as follows: To CITY: Scott Hickok, Community Development Director City of Fridley 7071 University Ave NE Fridley, MN 55432 scott.hickok@fridleymn.gov To DISTRICT: Kendra Sommerfeld, Communications and Outreach Manager Rice Creek Watershed District 4325 Pheasant Ridge Drive NE Blaine, MN 55449 ksommerfeld@ricecreek.org To ARTIST: Jessica Turtle, Public Artist Treehaus Studio 2878 50th Avenue Osceola, WI 54020 jessica@treehausstudio.art Each of the above individuals may in writing designate another individual to receive communications under this agreement. Where this agreement specifies that CITY or DISTRICT will make a written determination, the determination of the CITY or DISTRICT representative named above is made with authority delegated by the represented entity. 12. Termination Except as specified in paragraphs 1.b and 1.c, CITY or DISTRICT may terminate this agreement only for a material breach by ARTIST. ARTIST may terminate this agreement only for a material breach by CITY or DISTRICT. The terminating party will provide written notice specifying the basis for termination, and allow at least 30 days for cure. At the request of a party, the parties will meet during the cure period to review the basis for termination and consider resolution. agreement, ARTIST will reimburse CITY for payment made under section 2, above. If the agreement is terminated due to failure of CITY or DISTRICT pursuant to the terms of this does not include compensation for lost opportunity or publicity. 8 222 Jufn!:/ Absent termination for material breach, the agreement will terminate six months after payment has been made under section 2, above. Duties of care; obligations to hold harmless and indemnify; warranty terms; terms governing ownership and intellectual property; and document-retention requirements will survive termination of the agreement. 13. Choice of Law; Venue This agreement will be construed under and governed by the laws of the State of Minnesota. Venue for any action will lie in Anoka County. 14. Whole Agreement The entire agreement between the parties is contained herein and this agreement supersedes all oral agreements and negotiations relating to the subject matter hereof. Any modification of this agreement is valid only when reduced to writing as an amendment to the agreement and signed by the parties hereto. IN WITNESS WHEREOF, intending to be legally bound, the parties hereto execute and deliver this agreement. \[signatures\] 9 223